Veterinary Surgeons Amendment Regulations (No. 3) 2007 (WA)

19 October 2007 GOVERNMENT GAZETTE, WA 5609

AG301*

Veterinary Surgeons Act 1960

Veterinary Surgeons Amendment Regulations

(No. 3) 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Veterinary Surgeons Amendment
Regulations (No. 3) 2007.

2.           Commencement

These regulations come into operation as follows:

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette ("Gazettal day");
(b)	the rest of the regulations — on the day after Gazettal day.

Poisons Regulations 1965 regulation 39A;

3.  I he regulations amended

The amendments in these regulations are to the Veterinary
Surgeons Regulations 1979.

4.            Regulation 2 amended

Regulation 2(1) is amended by inserting in the appropriate alphabetical position

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"prescribe a scheduled drug" means —

(a)	prescribe a scheduled drug; or
(b)	sign a written order for the purposes of the

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5.            Regulation 29 amended

(1)	Regulation 29(1) is repealed.
(2)	Regulation 29(2) is amended as follows:

(a) by deleting "A" and inserting instead -

Except as provided in regulation 29A, a ";

(b) by deleting the full stop after subregulation (2)(b)(ii)(llI) and inserting instead -

"

and

(N) has reasonable grounds to
believe that an examination of
the animals is not practicable;

or

(c) the surgeon -

(i)     has previously prescribed the scheduled drug to the animal under paragraph (a) or (b), or another veterinary surgeon working in the same veterinary practice has done so; and

(ii)

has discussed the health of the animal 7 days; and

(iii)     has reasonable grounds to believe that an examination of the animal is not necessary in order to establish that it is appropriate to prescribe the drug.

6.            Regulations 29A to 29C inserted

After regulation 29 the following regulations are inserted -

29A.	Prescription of scheduled drugs for animals on certain properties in the pastoral region
A registered veterinary surgeon may prescribe a scheduled drug without complying with regulation 29(2)(a) or (b) if—

(a)	the property on which the animal is kept is in the pastoral region or is otherwise approved by the Board for the purposes of this paragraph; and
(b)	the registered veterinary surgeon has knowledge of the property, the types of animals kept on the property and the conditions under which animals are kept there; and

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(c) the scheduled drug is, or is of a class of drug,

specified in the Table to this subregulation, and

no other scheduled drug.

Table

adrenalin	non steroidal anti-inflammatory
antibiotic	short-acting cortico-steroid
antihistamine	snake antivenom
atropine	tranquilliser or sedative
local anaesthetic

29B.	Supply of scheduled drugs prescribed under regulation 29A
(1)	This regulation applies to the supply by a registered veterinary surgeon of a scheduled drug prescribed under regulation 29A.

(2) A registered veterinary surgeon must not supply the

scheduled drug except to the owner or person in charge
of the animal or animals in relation to which the

scheduled drug was prescribed.

(3) The registered veterinary surgeon must not supply the

scheduled drug unless the registered veterinary surgeon
is satisfied on reasonable grounds that the owner or

person in charge of the animal or animals will not -

(a)	transport, store or handle the drug, or permit someone else to do any of those things, except in accordance with instructions given under subregulation (4)(a); and
(b)	administer or otherwise use the drug, or permit someone else to do either of those things except in accordance with instructions given under subregulation (4)(b) and any directions given

(4) The registered veterinary surgeon must at the time of under regulation 29C(1)(c)(ii).

supply give to the owner or person in charge of the
animal or animals a written agreement, in a form
approved by the Board, relating to the supply and

specifying instructions as to -

(a)	the safe transport, storage and handling of the drug; and
(b)	the correct administration of the drug to the animal or animals; and
(c)	any period after treatment with the drug during which the animal or animals are not to be slaughtered or exported.

(5) The registered veterinary surgeon must keep a copy of
the agreement for a period of 7 years.

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(6) When the registered veterinary surgeon supplies the scheduled drug to a person, the registered veterinary surgeon must -

(a) in accordance with subregulation (7), conduct

annual audits in relation to that supply,
reconciling the quantity of the drug remaining
in the possession of the person with -

(i)     the quantity of the drug supplied; and

(ii)     the quantity of the drug administered to the animals by the registered veterinary surgeon or under regulation 29C(1);

and

(b) as soon as practicable after completing each

audit, create a written record of the audit in a

form approved by the Board.

(7) The registered veterinary surgeon must conduct an

audit before the end of—

(a)	the financial year in which the drug was supplied; and
(b)	every subsequent anniversary of that day, until the drug has been completely used up.

(8) The registered veterinary surgeon must keep the record

referred to in subregulation (6)(b) for a period of

7 years.

29C.	Directions to administer scheduled drugs prescribed under regulation 29A
(1)	A registered veterinary surgeon may direct a person to whom a scheduled drug is prescribed under regulation 29A to administer the drug to an animal or animals if—

(a)	it is not practicable for the registered veterinary surgeon to attend personally to the animal or animals; and
(b)	the person has described the condition of the animal or animals to the registered veterinary surgeon; and
(c)	having regard to that description -

(i)

the registered veterinary surgeon is drug should be administered to the animal or animals immediately; and

(ii) together with the direction, any
necessary further or amended

the registered veterinary surgeon gives, administration of the drug.

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(2) As soon as practicable after a registered veterinary

surgeon has given a direction under subregulation (1), the registered veterinary surgeon must make a written record of the direction, including —

(a)	the reason that the direction was considered necessary; and
(b)	the name and address of the person to whom the direction was given; and
(c)	sufficient details to identify the relevant animal; and
(d)	the name of the relevant scheduled drug; and
(e)	details of any instructions given with the direction under subregulation (1)(c)(ii).

(3) The registered veterinary surgeon must keep the record

for a period of 7 years.

7.            Regulation 30 amended

After regulation 30(2) the following subregulation is inserted —

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(3) The registered veterinary surgeon must keep the

clinical record for a period of 7 years.

8.            Regulation 30A inserted

After regulation 30 the following regulation is inserted —

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30A. Copies of certain documents to be provided to the
Board on request

(1) The Board may, in writing, request that a registered

veterinary surgeon give to the Board a copy of—

(a)	an agreement kept under regulation 29B(5); and
(b)	a record kept under regulation 29B(8); and

(c)	a record kept under regulation 29C(3); and
(d)	a clinical record kept under regulation 30(3).

(2) The registered veterinary surgeon must comply with

the request as soon as practicable after it is made.

1,

9.            Regulation 47 amended

Regulation 47(2) is amended after paragraph (0 by deleting the full stop and inserting instead -

44

(g) artificial insemination by surgical

(laparoscopic) method.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.