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Veterinary and Veterinary Para-Professions 2010

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Veterinary and Veterinary [No. 45 of 2010 623
Para-Professions

THE VETERINARY AND VETERINARY
PARA-PROFESSIONS ACT, 2010

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

1. Short title and commencement
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

. 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 para-
professionals
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

Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price: K21,000 each

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.O. Box 30136, 10101 Lusaka. Price: K21,000 each

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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 para-professional
37. Offences regarding veterinary surgeons or veterinary para-
professionals

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

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

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---------------------------------
PART VII
DISCIPLINARY COMMITTEE

and Veterinary [ No. 45 of 2010 625
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---------------------------------
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

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GOVERNMENT OF ZAMBIA

ACT
No. 45 of 2010

Date of Assent: 24th November, 2010

inary and Veterinary | No. 45 of 2010 627
Para-Professions

GOVERNMENT OF ZAMBIA

ACT
No. 45 of 2010

Date of Assent: 24th November, 2010

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
para-professionals 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 para-professionals; repeal and replace the
Veterinary Surgeons Act, 1964; and provide for matters
connected with, or incidental to, the foregoing.

[29th November, 2010

ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY

1. This Act may be cited as the Veterinary and Veterinary
Para-Professions Act, 2010, and shall come into operation on such
date as the Minister may, by statutory instrument, appoint.

2. (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;

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;

Enactment

Short title
and commence-
ment

Interpretation

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retation

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Enactment

Short title
and commence-
ment

Interpretation

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retation

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" 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 three;
" Board " means the Board of Veterinary Surgery established
under the repealed Act;
" certificate of registration " means the certificate issued under
section fourteen;
" Chairperson " means the person elected Chairperson of the
Association pursuant to section six; 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 five;
" 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 eight;
" diagnostic centre " means a laboratory or any other related
service;
" Disciplinary Committee " means the Committee constituted
under section sixty-three;
" inspector " means a person appointed as an inspector under
section fifty-three;
" 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 twenty-two;
" professional misconduct " has the meaning assigned to it
under section sixty-one;

to a
veterinary surgeon under section twenty-two;
" professional misconduct " has the meaning assigned to it
under section sixty-one;

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Veterinary and Veterinary [No. 45 of 2010 629
Para-Professions " provisional certificate of registration " means the registration effected under section fifteen;
" Register " means the Register of Veterinary Surgeons, Veterinary Para-Professionals and any other class of persons referred to under section thirty-three;
" Registrar " means the person appointed as Registrar of the Association under section eleven;
" repealed Act " means the Veterinary Surgeons Act, 1964; Cap.

ar " means the person appointed as Registrar of the Association under section eleven;
" repealed Act " means the Veterinary Surgeons Act, 1964; Cap.

243
" 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 eighteen;
" 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 sixteen;
" 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 fourteen, and
" veterinary professional " shall be construed accordingly; and
" veterinary surgeon " means a person registered as a veterinary surgeon under section fourteen;
" Vice-Chairperson " means the person elected Vice-Chairperson of the Association pursuant to section six.

eterinary surgeon under section fourteen;
" Vice-Chairperson " means the person elected Vice-Chairperson of the Association pursuant to section six.

(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.

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PART II

THE VETERINARY ASSOCIATION OF ZAMBIA

Establishment 3. (1) There is hereby established the Veterinary Association
of Veterinary
Association of Zambia.
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.

ate may,
by law, do or perform.

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

Functions of 4. (1) The functions of the Association are to—
Association
(a) register veterinary and veterinary para-professionals, and
regulate their professional conduct;

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

(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;

ary 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;

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and veterinary para-professionals;

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(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—

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. (1) The Association shall, by a vote of at least two-thirds
of the members voting at a general meeting of the Association, Constitution
adopt a constitution and may, in the like manner, amend it. of
Association
(2) Subject to this Act, the constitution shall regulate the conduct
of the affairs of the Association.
(3) Subject to subsection (2), the constitution shall provide for
the following matters:

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ng matters:

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ng matters:

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(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. Chairperson
and 6. The members shall elect the Chairperson and Vice-
Vice- Chairperson of the Association in accordance with the constitution. Chairperson
of
Association
Meetings of 7.

Chairperson of the Association in accordance with the constitution. Chairperson
of
Association
Meetings of 7.

(1) Subject to this Act, the Association may regulate its
Association 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
Continuation 8. (1) The Board of Veterinary Surgery established under the
and re- repealed Act shall continue to exist as if established under this Act
naming of and is for purposes of this Act hereby re-named the Veterinary
Board of Council of Zambia. Veterinary (2) The provisions of the First Schedule apply to the Council. Surgery
Cap.

Council of Zambia. Veterinary (2) The provisions of the First Schedule apply to the Council. Surgery
Cap.

243
Composition 9. (1) The Council shall consist of the following part-time
of Council members appointed by the Minister:
(a) the Chairperson;
(b) the Vice-Chairperson;

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(b) the Vice-Chairperson;

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(c) the Director responsible for veterinary services;
(d) the Dean of the School of Veterinary Medicine at the
University ofZambia;
(e) a representative of the Attorney-General;
(/) 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 profe-
sionals 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.

e Association shall publish the names and designation of
the members of the Council in a daily newspaper of general
circulation in Zambia.

Functions of
Council 10. (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;

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ilities and
monitor quality control and assurance of animal health
facilities and services;

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Veterinary and Veterinary
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(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;
(h) make recommendations affecting, or relating to, the
veterinary profession to the general meeting of the
Association;
(i) promote continuing professional development among
veterinary professionals; and
(j) do all such things as are necessary, or incidental, to the
performance of its functions under this Act.

Registrar 11. (1) The Council shall appoint a Registrar, who shall be
and other the chief executive officer of the Council, on such terms and
staff conditions as the Council may determine.

(2) The Registrar shall be the Secretary to the Council and
shall be responsible for the day-to-day administration of the affairs
of the Council, under the supervision of the Council.

shall be responsible for the day-to-day administration of the affairs
of the Council, under the supervision of the Council.

(3) The Council may, whenever the Registrar is absent or is
for any other reason unable to discharge the functions of the
Registrar’s office, appoint an acting Registrar to discharge the
Registrar’s functions.

(4) The Council shall appoint, on such terms and conditions as
the Council may determine, such other staff as may be necessary
for the purposes of this Act.

PART IV
REGISTRATION OF VETERINARY PROFESSIONALS

Prohibition 12. (1) A person shall not practise as a veterinary surgeon or
of practising veterinary para-professional, unless that person is registered as a
without veterinary surgeon or veterinary para-professional in accordance
registration with this Act.

on is registered as a
without veterinary surgeon or veterinary para-professional in accordance
registration with this Act.

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.

Application 13. (1) A person who wishes to be registered as a veterinary
for surgeon or veterinary para-professional, shall apply to the Council
registration for registration in the prescribed manner and form upon payment
of the prescribed fee.

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of the prescribed fee.

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Veterinary and Veterinary [No. 45 of 2010 635
Para-Professions (2) The Council may determine different fees for different
categories or classes of veterinary professionals. (3) The Council shall, within thirty days of receipt of an
application under subsection (1), grant or reject the application.

ionals. (3) The Council shall, within thirty days of receipt of an
application under subsection (1), grant or reject the application.

(4) The Council shall, where it rejects an application under
subsection (3), inform the applicant accordingly and give the reasons
therefor. 14. (1) The Council shall, where an application meets the
requirements of this Act, register the applicant as a veterinary
surgeon and issue the applicant with a certificate of registration. (2) The Council shall—
(a) enrol a diploma holder as a veterinary para-professional;
(b) enlist a certificate holder as a veterinary para-professional;
and
(c) register any other category or class of veterinary para-
professionals as the Minister may prescribe, on the
recommendation of the Council. (3) A holder of a provisional certificate of registration or a
temporary certificate of registration may apply to the Council for a
certificate of registration in the prescribed manner and form upon
payment of the prescribed fee.

ouncil for a
certificate of registration in the prescribed manner and form upon
payment of the prescribed fee.

(4) The Council shall, within thirty days of receipt of an
application under subsection (3), grant or reject the application. (5) The Council shall, where it rejects an application under
subsection (4), inform the applicant accordingly and give the reasons
therefor. (6) Subject to the provisions of this Act, the Council shall issue
a certificate of registration under this section—
(a) to a holder of a provisional certificate of registration, if
the holder—
(i) has practised in an animal health facility approved
by the Council for a period of not less than
twelve months;
(ii) is of good character and good professional
standing; and
(iii) meets such other requirements as may be
prescribed; and
(b) to a holder of a temporary certificate of registration, if the
holder—

prescribed; and
(b) to a holder of a temporary certificate of registration, if the
holder—

Registration
of
veterinary
surgeons
and para-
veterinary
professionals

Registration
of
veterinary
surgeons
and para-
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(i) has completed at least twelve months of continuous
employment in an animal health facility; and
(ii) submits a letter from the veterinary surgeon at
the animal health facility referred to under sub-
paragraph (i), stating that the person has
performed satisfactorily and displayed skills and
knowledge equivalent to those of veterinary
professionals trained in Zambia.

s and
knowledge equivalent to those of veterinary
professionals trained in Zambia.

(7) The Minister may, by statutory instrument, on the
recommendation of the Council, prescribe—

(a) the qualifications for registration of a person as a veterinary
surgeon or veterinary para-professional;

(b) the categories or class of veterinary para-professionals
to be registered under this Act; and

Provisional 15. (1) A person who holds a qualification from a training
registration institution recognised by the Council, or a holder of a temporary
certificate of registration, may apply for provisional registration in
the prescribed manner and form upon payment of the prescribed
fee.

isional registration in
the prescribed manner and form upon payment of the prescribed
fee.

(2) Subject to the provisions of this Act, the Council shall, where
a person makes an application under subsection (1), issue the person
with a provisional certificate of registration if—

(a) the person meets the requirements for provisional
registration; and

(b) the Council determines that the training previously received
by the person is equivalent to that required for provisional
registration.

(3) The Council shall, where it rejects an application for
provisional registration, inform the applicant accordingly and give
the reasons therefor.

(4) A person holding a provisional certificate of registration
may engage in employment as a veterinary surgeon or veterinary
para-professional in Zambia.

f registration
may engage in employment as a veterinary surgeon or veterinary
para-professional in Zambia.

(5) The Council shall not issue a person with a provisional
certificate of registration for a period exceeding two years.

(6) The Minister may, by statutory instrument, on the
recommendation of the Council, make regulations to regulate the
scope of practice of holders of provisional certificates of registration.

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16. (1) Subject to the provisions of this Act, a person who is Temporary
trained outside Zambia and is not a holder of a qualification registration
recognised by the Council, may apply for temporary registration.

(2) The Council shall, upon receipt of an application made under
subsection (1), issue the applicant with a temporary certificate of
registration if the applicant—

(a) possesses such knowledge and training as may be
prescribed;

plicant with a temporary certificate of
registration if the applicant—

(a) possesses such knowledge and training as may be
prescribed;

(b) has passed the prescribed assessment examination
conducted by the relevant training institution in Zambia,
recognised by the Council;

(c) provides a certificate of good standing from the professional
registration body in the country where the person is
currently practising;

(d) proves that the person is sufficiently knowledgeable in
the English language; and

(e) shall serve in Zambia at the request of the Zambian
Government or an animal health facility licensed under
this Act to provide specialist services.

(3) The Council shall not issue a person with a temporary
certificate of registration for a period exceeding two years.

(4) The Council shall, where it rejects an application for
temporary registration, inform the applicant accordingly and give
the reasons therefor.

17. (1) The Council may, at the request of an animal health Registration
facility licensed under this Act, register a veterinary surgeon, qualified for limited
in another country, to provide veterinary services in Zambia for a period
limited period of time, at the animal health facility.

or limited
in another country, to provide veterinary services in Zambia for a period
limited period of time, at the animal health facility.

(2) The Council shall register a veterinary surgeon for a limited
period if the veterinary surgeon holds equivalent registration in the
veterinary surgeon's country of origin and the veterinary surgeon
is in good standing with the relevant professional body in the
veterinary surgeon's country.

(3) The Council may specify the terms and conditions to which
the registration under this section is subject, including the acts to be
performed, or the nature of supervision required, by the veterinary
surgeon.

(4) The Council shall register a veterinary surgeon under this
section for a specified period of time not exceeding six months.

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(5) The Council may, on the application of an animal health
facility, renew the registration of a veterinary surgeon under this
section, on such terms and conditions as the Council may determine.

acility, renew the registration of a veterinary surgeon under this
section, on such terms and conditions as the Council may determine.

(4) The Council shall register a veterinary surgeon under this
section for a specified period of time not exceeding six months.

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(5) The Council may, on the application of an animal health
facility, renew the registration of a veterinary surgeon under this
section, on such terms and conditions as the Council may determine. Specialist 18.

gistration of a veterinary surgeon under this
section, on such terms and conditions as the Council may determine. Specialist 18.

(1) A veterinary surgeon who wishes to be registered as
registration a specialist shall apply to the Council for registration, in the
prescribed manner and form upon payment of the prescribed fee. (2) The Council shall register a veterinary surgeon as a
specialist, if the veterinary surgeon holds a post-graduate
qualification approved by the Council. Changes in 19. A person registered under this Act, shall notify the Registrar
detail of any change of that person's particulars relating to the registration,
within seven days of the change. Cancellation 20.

of any change of that person's particulars relating to the registration,
within seven days of the change. Cancellation 20.

(1) The Council shall cancel the registration of a veterinary
of surgeon or veterinary para-professional where—
registration
(a) the Council has reasonable grounds to believe that the
registration was obtained through fraud, mis-
representation or concealment of any material fact;

(b) the veterinary surgeon or veterinary para-professional is
found guilty of professional misconduct under this Act
or the Code of Ethics;

(c) the veterinary surgeon or veterinary para-professional has
ceased to be employed by, or to practise at, an animal
health facility for which the registration was obtained;

(d) the period for which the registration of the veterinary
surgeon or veterinary para-professional was issued has
lapsed;

(e) the veterinary surgeon or veterinary para-professional is
convicted of an offence and sentenced to imprisonment
for a period exceeding six months without the option of
a fine; or

(f) since the registration, circumstances have arisen
disqualifying the veterinary surgeon or veterinary para-
professional from registration.

risen
disqualifying the veterinary surgeon or veterinary para-
professional from registration.

(2) The Council shall, before cancelling the registration of a
veterinary surgeon or veterinary para-professional under subsection
(1), give the person an opportunity to be heard.

(3) The Council may, before cancelling the registration of a
veterinary surgeon or veterinary para-professional, suspend the
veterinary surgeon or veterinary para-professional for such period
and on such terms and conditions as the Council may determine.

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Para-Professions

(4) Where the Council cancels the registration of a person
under this section, the person's name shall be removed from the
Register and shall not be restored except on such conditions as
may be prescribed by the Council and upon payment of the
prescribed fee.

21. (1) A person shall not practise as a veterinary surgeon,
unless that person holds a practising certificate issued by the Council
under this Act.

) A person shall not practise as a veterinary surgeon,
unless that person holds a practising certificate issued by the Council
under this Act.

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a period not
exceeding seven years, or to both.

22. (1) A veterinary surgeon shall apply for a practising
certificate in the prescribed manner and form upon payment of the
prescribed fee.

(2) The Registrar shall, upon receipt of an application under
subsection (1) and where the application meets such requirements
as may be prescribed, issue the veterinary surgeon with a practising
certificate.

23. A holder of a practising certificate shall display the
practising certificate in a conspicuous place at the place of practise.

24. (1) A practising certificate shall be renewed annually in
the prescribed manner and form upon payment of the prescribed
fee.

ise.

24. (1) A practising certificate shall be renewed annually in
the prescribed manner and form upon payment of the prescribed
fee.

(2) A practising certificate that is not renewed in accordance
with subsection (1) is void.

(3) A veterinary surgeon who practises during any period in
which the veterinary surgeon’s practising certificate is void commits
an offence and is liable, upon conviction, to a fine not exceeding
one hundred thousand penalty units or to imprisonment for a period
not exceeding one year, or to both.

25. (1) The Council shall cancel a practising certificate if the
holder—
(a) is found guilty of any professional misconduct;
(b) is declared to be of unsound mind;
(c) is an undischarged bankrupt;
(d) contravenes the provisions of this Act, or any other
relevant law;

Prohibition
of practise
without
practising
certificate

Application
for practising
certificate

Display of
practising
certificate

Renewal of
practising
certificate

Cancellation
of practising
certificate

Act No. of
2010

certificate

Renewal of
practising
certificate

Cancellation
of practising
certificate

Act No. of
2010

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(e) is a proprietor, or in charge of, an animal health facility
which is closed or whose licence is cancelled by the
Council under this Act;
(f) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact; or
(g) commits an offence under this Act or contravenes the
Code of Ethics.

(2) Where the registration of a veterinary surgeon is cancelled
under this Act, the practising certificate held by the veterinary
surgeon shall be void and shall be surrendered to the Council.

(3) The Council shall, before cancelling the practising certificate
of a veterinary surgeon under this section, give the veterinary
surgeon an opportunity to be heard.

(4) The Council may, before cancelling the practising certificate
of a veterinary surgeon, suspend the veterinary surgeon for such
period and on such terms and conditions as the Council may
determine.

ing certificate
of a veterinary surgeon, suspend the veterinary surgeon for such
period and on such terms and conditions as the Council may
determine.

Regulations 26. The Minister may, by statutory instrument, on the
relating to recommendation of the Council, make regulations to provide for—
practising
certificates (a) the terms and conditions for the issuance of practising
certificates;
(b) the type of continuing professional development and
training and any other information required for the
issuance of a practising certificate; and
(c) any other matter necessary for purposes of this Act.

Conditions 27. A certificate issued under this Part shall contain such terms
of certificate and conditions of the certificate as the Council may determine.

Prohibition 28. A certificate issued under this Part shall not be transferred
of transfer of to a third party.
certificate

ibition 28. A certificate issued under this Part shall not be transferred
of transfer of to a third party.
certificate

Removal and 29. (1) The Minister may, on the recommendation of the
restoration Council, make regulations prescribing the circumstances and
of name on manner in which a veterinary surgeon or veterinary para-
Register professional—
(a) may be removed from the Register; and
(b) who is removed from the Register, may be restored on
the Register and the fee to be paid for the restoration.

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ister and the fee to be paid for the restoration.

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[Page 18]
Veterinary and Veterinary [No. 45 of 2010 641
Para-Professions (2) Subject to subsection (1), a veterinary surgeon or
veterinary para-professional who is removed from the Register
ceases to be a registered veterinary surgeon or veterinary para-
professional. (3) The Council may, where a veterinary surgeon informs the
Registrar that the veterinary surgeon does not intend to practise
for a specified period of time, maintain the name of the veterinary
surgeon on the Register, in a non-practising category, for that period
of time. 30.

or a specified period of time, maintain the name of the veterinary
surgeon on the Register, in a non-practising category, for that period
of time. 30.

Where the registration of a veterinary surgeon or veterinary
para-professional has been cancelled or suspended, the veterinary
surgeon or veterinary para-professional affected may, subject to
such terms and conditions as the Council may determine, apply for
re-registration. Re-
registration
31. (1) A person whose certificate of registration is destroyed
or lost may apply to the Registrar for a duplicate certificate in the
prescribed manner and form upon payment of the prescribed fee. (2) The Registrar may, upon receipt of an application under
subsection (1), issue a duplicate certificate of registration to the
applicant. Duplicate
certificate of
registration
32.

certificate of
registration
32.

(1) A person may apply to the Registrar for a certificate
of status, containing particulars relating to the registration of a
veterinary surgeon or veterinary para-professional, in the prescribed
manner and form and upon payment of the prescribed fee. (2) Upon receipt of an application under subsection (1), the
Registrar may issue a certificate of status to the applicant in the
prescribed form. Certificate of
status
33. (1) The Registrar shall keep and maintain a Register of
all persons registered under this Act in which the Registrar shall
enter the details and particulars relating to—
(a) fully registered veterinary surgeons or veterinary para-
professionals;
(b) the holders of—
(i) practising certificates;
(ii) provisional certificates of registration; and
(iii) temporary certificates of registration;
(c) holders of degrees, diplomas, certificates or other
qualifications in veterinary medicine;
(d) persons registered for a limited period; Register

qualifications in veterinary medicine;
(d) persons registered for a limited period; Register

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Para-Professions

(e) persons registered as specialists;
(f) the applications rejected and the reasons therefor; and
(g) any other information as the Council may determine.

(2) The Register shall be kept in the custody of the Registrar
at the offices of the Council, and shall be open for inspection by
members of the public during normal office hours upon payment of
such fee as the Council may determine.

(3) The Registrar may, upon application by any person, issue
to the person a certified extract from the Register, or a copy of a
certificate of registration, upon payment of such fee as the Council
may determine.

Publication 34. (1) The Registrar shall, on the direction of the Council,
of copies of cause copies of the Register and any alterations thereof, or additions
Register thereto, to be printed and published in such manner and form as the
Council may direct.

or additions
Register thereto, to be printed and published in such manner and form as the
Council may direct.

(2) Subject to this Act, a copy of the last published and printed
Register shall be evidence admissible in all legal proceedings of
what is contained in that Register and the absence of the name of
a veterinary surgeon or veterinary para-professional from that copy,
shall be prima facie evidence that the veterinary surgeon or
veterinary para-professional is not registered.

Appeals 35. A person aggrieved with a decision of the Council may,
within thirty days of receiving the Council’s decision, appeal to the
High Court.

a decision of the Council may,
within thirty days of receiving the Council’s decision, appeal to the
High Court.

Holding out 36. (1) A person shall not, unless the person is registered as a
as veterinary veterinary surgeon under this Act—
surgeon
(a) practise as, be employed as, offer animal health care
services as, be engaged as an agent of, or hold out to
be, a veterinary surgeon;
(b) adopt, use or exhibit the term “ veterinary surgeon ” or
any other term of like description; or
(c) do anything likely to lead persons to infer that the person
is a registered veterinary surgeon.

(2) A person or animal health facility shall not employ any person
who is not registered under this Act as a veterinary surgeon or
veterinary para-professional.

(3) A person who contravenes subsection (1) or (2) commits
an offence and is liable, upon conviction, to a fine not exceeding
seven hundred thousand penalty units or to imprisonment for a period
not exceeding seven years, or to both.

, upon conviction, to a fine not exceeding
seven hundred thousand penalty units or to imprisonment for a period
not exceeding seven years, or to both.

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Para-Professions

(4) A veterinary surgeon who permits that veterinary surgeon’s
name to be used by a person who is not a registered veterinary
surgeon commits an offence and is liable, upon conviction, to a fine
not exceeding seven hundred thousand penalty units or to
imprisonment for a period not exceeding seven years, or to both.

(5) Nothing in this section shall prevent a trainee, undergoing
training for the purpose of qualification for registration as a veterinary
professional, from employment or performance of veterinary
services under the direct supervision of a registered veterinary
surgeon in accordance with such guidelines for training
programmes as the Council may determine.

der the direct supervision of a registered veterinary
surgeon in accordance with such guidelines for training
programmes as the Council may determine.

37. (1) A person shall not—
(a) make or cause to be made an unauthorised entry, alteration
or erasure in the Register or a certified copy of an
entry in the Register or a certificate of registration or
other certificate issued under this Act;
(b) impersonate or use the title of a registered veterinary
surgeon or veterinary para-professional while not
registered as such under this Act;
(c) procure, or attempt to procure, registration under this Act,
by fraud, false representation or the concealment of a
material fact;
(d) forge a certificate of registration or other certificate issued
under this Act; or
(e) undertake to provide animal health care services in excess
of the scope of practise permitted for the registered
veterinary profession.

(2) A person who contravenes subsection (1), commits an
offence and is liable, upon conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a period not
exceeding seven years, or to both.

, upon conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a period not
exceeding seven years, or to both.

PART V
TRAINING OF VETERINARY PROFESSIONALS

38. (1) A training institution shall not provide, or hold out as P Offences
providing, training to prepare students for the veterinary profession, regarding
unless the training programme is approved by the Council. registered
veterinary
(2) A training institution that contravenes subsection (1) surgeons and
commits an offence and is liable, upon conviction, to a fine not veterinary para-
exceeding five hundred thousand penalty units, and to a fine of professionals
forty thousand penalty units for each day during which the offence
continues.

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644 No. 45 of 2010] Veterinary and Veterinary
Para-Professions

ues.

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644 No. 45 of 2010] Veterinary and Veterinary
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Application 39. (1) A training institution that intends to offer training in
for approval the veterinary profession shall apply to the Council for approval of
of training the training programme in the prescribed manner and form upon
programme payment of the prescribed fee.

(2) The Council may, after review of a proposed training
programme, approve the training programme if the training
programme meets the requirements of this Act and if the training
programme shall adequately prepare students for the provision of
veterinary services.

(3) The Council may accept the successful completion of a
training programme approved under subsection (2), as meeting some
or all of the requirements for provisional registration in the veterinary
profession.

er subsection (2), as meeting some
or all of the requirements for provisional registration in the veterinary
profession.

(4) The Council shall not, where a training institution uses a
training programme in the training of the veterinary profession which
is not approved under this section, accept the training as meeting
the training requirements for registration in the veterinary profession.

Review of 40. (1) The Council shall, at least every five years from the
approved date of the approval of a training programme under section thirty-
training nine, review the approved training programme, including the
programme performance of the graduates of the programme.

(2) The Council shall withdraw the approval of a training
programme, where it determines that—
(a) the training programme no longer meets the requirements
of this Act; or
(b) the graduates of the training programme consistently fail
to meet the standards required by the veterinary
profession.

s of the training programme consistently fail
to meet the standards required by the veterinary
profession.

Continuing 41. (1) The Minister may, by statutory instrument, on the
professional recommendation of the Council, make regulations to provide for
development continuing professional development and training to be undertaken
and training by veterinary professionals.

(2) Notwithstanding the generality of subsection (1), the
regulations may provide for—
(a) the nature and extent of continuing professional
development and training to be undertaken by veterinary
professionals;
(b) the criteria for recognition by the Council of continuing
professional development, training programmes and
training institutions for purposes of this Act;

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Para-Professions

(c) the minimum professional and technical training to be
provided by a training institution to a person who is to
be registered in the veterinary profession; and

echnical training to be
provided by a training institution to a person who is to
be registered in the veterinary profession; and

(d) the requisite infrastructure of training institutions,
appropriate educational and training curricula,
qualifications of faculty personnel, suitable training
equipment and staffing levels of personnel.

PART VI
LICENSING OF ANIMAL HEALTH FACILITIES

42. (1) A person shall not operate an animal health facility Prohibition
without a licence issued in accordance with the provisions of this of operating
Part. animal
health
facility
(2) A person who contravenes subsection (1) commits an without
offence and is liable, upon conviction, to a fine not exceeding five licence
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both.

, to a fine not exceeding five licence
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both.

43. A person who intends to operate an animal health facility Application
shall apply to the Council for a licence in the prescribed manner for licence to
and form upon payment of the prescribed fee. operate
animal
health
facility
44. (1) The Council shall, where a health facility meets the Issue of
requirements of this Act, issue the applicant with a licence. licence

(2) A licence issued under subsection (1) shall be renewed
annually in the prescribed manner and form and upon payment of
the prescribed fee.

(3) A licence shall be issued on such terms and conditions as
the Minister may, by statutory instrument, on the recommendation
of the Council, prescribe.

hall be issued on such terms and conditions as
the Minister may, by statutory instrument, on the recommendation
of the Council, prescribe.

45. (1) The Council shall reject an application for a licence to Refusal to
operate an animal health facility if— issue
licence
(a) the proprietor or person in charge of the facility is in
violation of a provision of this Act;

(b) where a veterinary surgeon is in charge of the facility,
that veterinary surgeon is not registered and is not in
possession of a valid practising certificate;

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646 No. 45 of 2010] Veterinary and Veterinary
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ossession of a valid practising certificate;

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646 No. 45 of 2010] Veterinary and Veterinary
Para-Professions

(b) where a veterinary surgeon is in charge of the facility,
that veterinary surgeon is not registered and is not in
possession of a valid practising certificate;

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646 No. 45 of 2010] Veterinary and Veterinary
Para-Professions

ossession of a valid practising certificate;

[Page 23]
646 No. 45 of 2010] Veterinary and Veterinary
Para-Professions

(c) if the facility does not meet the physical, staffing, equipment
or organisational requirements for the licence; or
(d) the veterinary surgeon to be in charge of the animal health
facility has not held a certificate of registration for a
period of at least three years before the date of the
application, unless the Council determines that the
veterinary surgeon is properly registered and has the
relevant experience in another country equivalent to that
acquired after three or more years of full registration in
Zambia. (2) The Council shall, where it rejects an application under
subsection (1), inform the applicant accordingly and give the reasons
therefor. Display of 46. A licensed animal health facility shall display a copy of
licence the licence in a prominent place at the animal health facility. Variation of 47. A holder of a licence may, at any time during the validity
licence of the licence, apply to the Council for variation of the terms and
conditions of the licence. Surrender of 48.

alidity
licence of the licence, apply to the Council for variation of the terms and
conditions of the licence. Surrender of 48.

Where a holder of a licence decides not to continue
licence operating the animal health facility to which the licence relates, the
holder shall surrender the licence to the Council. Transfer of 49. A licence shall not be transferred to a third party without
licence the prior approval of the Council. Amendment 50. The Council may amend a licence where—
of licence (a) some other person has succeeded to the interest in the
animal health facility belonging to the holder of the
licence, by substituting the name of the holder with the
name of the successor; or
(b) the name of the animal health facility has changed, by
substituting the name so changed. Renewal of 51.

or
(b) the name of the animal health facility has changed, by
substituting the name so changed. Renewal of 51.

(1) The Council shall renew a licence issued under this
licence Part, if—
(a) the animal health facility remains in full compliance with
the rules for animal health facilities;
(b) the animal health facility provides information that the
Council may require as a condition of the renewal of
the licence; and
(c) the proprietor or person in charge of the animal health
facility pays an annual fee as may be prescribed by the
Council.

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Veterinary and Veterinary [ No. 45 of 2010 647
Para-Professions

52. (1) Subject to the other provisions of this Act, the Council Suspension
may suspend or cancel a licence if the holder— or
cancellation
(a) obtained the licence by fraud or deliberate or negligent of licence
submission of false information or statements; or

(b) contravenes this Act or any terms and conditions of the
licence.

nce
submission of false information or statements; or

(b) contravenes this Act or any terms and conditions of the
licence.

(2) The Council shall, before suspending or cancelling a licence
in accordance with subsection (1), give written notice to the holder
thereof of its intention to suspend or cancel the licence and shall
give the reasons for the intended suspension or cancellation and
require the holder to show cause, within a period of not more than
thirty days, why the licence should not be suspended or cancelled.

(3) The Council shall not suspend or cancel a licence under
this section if the holder takes remedial measures to the satisfaction
of the Council within the period of thirty days referred to in
subsection (2).

(4) The Council may, if a holder who is notified under subsection
(2) fails to show cause to the satisfaction of the Council, or does
not take any remedial measures to the satisfaction of the Council,
within the time specified in that subsection, suspend or cancel the
licence, and issue the holder with an order to that effect.

(5) The Council shall, where it cancels the licence under
subsection (4), publish the order of cancellation in a newspaper of
daily circulation in Zambia.

The Council shall, where it cancels the licence under
subsection (4), publish the order of cancellation in a newspaper of
daily circulation in Zambia.

(6) An animal health facility shall, where the proprietor or person
in charge of the animal health facility receives a copy of the order
under subsection (4), close the animal health facility within fourteen
days of reviewing the order.

(7) Notwithstanding this section, the Council may, where the
Council determines that the continued operation of an animal health
facility presents a clear and present danger of imminent harm to
animals, order the closure of the animal health facility.

53. (1) The Council shall appoint inspectors to ensure Inspection
compliance with this Act. of animal
health
(2) The Registrar shall issue an identity card to an inspector, facility
which shall be produced by the inspector when a person requires it
to be produced.

(3) An animal health facility shall be inspected prior to the
issuance of a licence and at least every twenty-four months
thereafter.

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Para-Professions

ths
thereafter.

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Veterinary and Veterinary
Para-Professions

Entry and 54. (1) An inspector may, by authorisation made under the
inspection hand of the Registrar, at all reasonable times, enter and inspect
premises which are being used, or which the inspector has
reasonable cause to believe are being used as an animal health
facility.

(2) An inspector may inspect the practising certificate of a
veterinary surgeon working in an animal health facility and other
records required to be kept under this Act.

(3) An inspector may inspect an animal health facility and
equipment in the animal health facility to ensure compliance with
this Act.

pect an animal health facility and
equipment in the animal health facility to ensure compliance with
this Act.

(4) A person who—
(a) delays or obstructs an inspector in the performance of
the inspector's functions;
(b) refuses to give an inspector such reasonable assistance
as the inspector may require for the purpose of
exercising the inspector's powers; or
(c) gives an inspector false or misleading information in answer
to an inquiry made by the inspector;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.

Report of 55. An inspector shall furnish the Council with a written report
inspection and any other information relating to an inspection, as the Council
may direct.

Council with a written report
inspection and any other information relating to an inspection, as the Council
may direct.

Closure of 56. (1) The Council may order the closure of an animal health
animal health facility where—
facility (a) the animal health facility is violating the licence
requirements in a manner that presents danger or
imminent harm to animals;
(b) the animal health facility is not licensed under this Act; or
(c) the animal health facility contravenes the provisions of
this Act or any other law.

(2) The Council shall, where the Council receives an inspection
report indicating that an animal health facility is not in compliance
with the requirements of its licence, or is offering services in excess
of those permitted under its licence, give the animal health facility
written notice of the violation.

[Note: document has 41 pages; only the first 25 were OCR-processed.]

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