Veterinary Practitioners Act 2008
VETERINARY PRACTITIONERS ACT 2008


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BERMUDA

2008 : 20

VETERINARY PRACTITIONERS ACT 2008

Date of Assent: 28 May 2008

Operative Date: 9 July 2010


ARRANGEMENT OF SECTIONS

1 Short title and
commencement

2 Interpretation
3 Restrictions on practice of

veterinary science
4 Establishment of Council
5 Qualifications for

registration
6 Registration
7 Provisional registration to

acquire veterinary
experience in Bermuda

8 Duration and renewal of
registration certificate

9 Authorised visiting
veterinary practitioner

10 Register of Veterinary
Practitioners

11 Annual gazetting of
particulars



12 Alteration of registered
particulars; voluntary
removal of name from
register

13 Professional misconduct
14 Restoration of name in

register
15 Appeals to Minister
16 Regulations
17 Consequential

amendments
18 Savings

SCHEDULE 1
VETERINARY PRACTITIONERS

COUNCIL

SCHEDULE 2
CONSEQUENTIAL

AMENDMENTS

VETERINARY PRACTITIONERS ACT 2008


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WHEREAS it is expedient to make provision for the registration
of veterinary practitioners and related matters:

Be it enacted by the Queen's Most Excellent Majesty, by and with
the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and commencement
1 (1) This Act may be cited as the Veterinary Practitioners Act
2008.

(2) This Act shall come into operation on such day or days as
the Minister may appoint by Notice published in the Gazette and
different days may be appointed for different provisions of the Act to
come into operation.

Interpretation
2 In this Act 

"Bermudian" means a person possessing Bermudian status
under the Bermuda Immigration and Protection Act 1956;

"certificate" means a registration certificate issued under section
6 or a provisional registration certificate issued under section
7;

"Continuing Veterinary Education Programme" means such
programme as the Council may from time to time approve as
such;

"Council" means the Veterinary Practitioners Council established
under section 4(1);

"Minister" means the Minister responsible for the Environment;

"prescribed" in relation to a fee, means prescribed under the
Government Fees Act 1965;

"recognised professional body" means a body of veterinary
practitioners established in a jurisdiction outside Bermuda,
being a body which 

(a) has disciplinary powers over veterinary practitioners in
that jurisdiction; and

(b) is recognised by the Council for the purposes of this Act;

"register" means the Register of Veterinary Practitioners kept
under section 10(1);

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"registered veterinary practitioner" means a person registered
under section 6, to practise veterinary science;

"Registrar" means the Registrar General;

"veterinary science" means the application of medicine or surgery
to any kind of animal and includes 

(a) assessment of the physiological status of an animal;

(b) diagnosis of any disease, injury, deformity or defect of an
animal;

(c) prescribing or administering any drug, medicine,
apparatus, anaesthetic or substance to an animal for the
purpose of the diagnosis, treatment or prevention of any
disease, injury, deformity or defect of an animal;

(d) giving advice on the diagnosis or treatment of disease in
an animal or an injury to an animal;

(e) applying the principles of zoonotic disease control and
disaster medicine in the promotion of animal welfare and
public health.

Restrictions on practice of veterinary science
3 (1) A person who is not a registered veterinary practitioner or
an authorised visiting veterinary practitioner under this Act shall not 

(a) practise veterinary science, whether or not such practice
is for gain or reward;

(b) advertise or hold himself out as authorised to practise
veterinary science;

(c) take or use any name, title or description (whether by
initials or otherwise) implying or calculated to lead
persons to believe that he is a registered veterinary
practitioner or an authorised visiting veterinary
practitioner;

(d) with intent to deceive, assume or use any affix indicative
of any occupational designation relating to the practice
of veterinary science;

(e) with intent to mislead the public into believing that he is
a registered veterinary practitioner or an authorised
visiting veterinary practitioner or is qualified to be so
registered under this Act, make use of any certificate of
registration issued under this Act to him or any other
person;

VETERINARY PRACTITIONERS ACT 2008


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(f) diagnose or attempt to diagnose any animal disease,
ailment, deformity, defect or injury, or examine or advise
upon any physical condition of any animal;

(g) prescribe or administer any drug, serum or any other
substance or remedy, apply any apparatus, or perform
any operation or manipulation for the cure, treatment or
prevention of any animal disease, ailment, deformity,
defect or injury;

(h) act as the assistant or associate of any person who, not
being a registered veterinary practitioner or an
authorized visiting veterinary practitioner, performs any
of the acts specified in this subsection.

(2) Subsection (1) shall not apply to —

(a) any person registered, enrolled or licensed under this or
any other enactment who performs or provides any
service which he is authorised or entitled to perform
thereunder;

(b) any person working under the direction of a registered
veterinary practitioner;

(c) any person performing the functions which he is
employed by the Government to perform;

(d) any person giving necessary veterinary aid in cases of
urgent need without hire, gain or hope for reward;

(e) veterinary paraprofessionals who have successfully
completed a course of study and practice recognized by
the Council or who have demonstrated their skills to the
satisfaction of the Council;

(f) the administration of home remedies.

(3) A person who contravenes subsection (1) commits an
offence and on summary conviction is liable to a fine not exceeding
$5,000 or a term of imprisonment not exceeding six months or to both
such fine and imprisonment.

Establishment of Council
4 (1) There is established for the purposes of this Act, a body to
be known as the "Veterinary Practitioners Council".

(2) The functions of the Council shall be —

VETERINARY PRACTITIONERS ACT 2008


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(a) to assess the qualifications and cause the Registrar to
register suitably qualified persons as veterinary
practitioners under this Act;

(b) to promote and maintain proper standards for the
practice of veterinary science in Bermuda;

(c) to ensure the maintenance of acceptable standards of
professional conduct by persons registered as veterinary
practitioners or acting as animal health assistants,
under this Act;

(d) to perform such other things of professional concern to
registered veterinary practitioners as may be assigned to
the Council under this or any other Act.

(3) The Council shall consist of not less than six and not more
than eight members appointed by the Minister, including 

(a) three registered veterinary practitioners;

(b) at least two persons who are not veterinary practitioners;
and

(c) the Government Veterinary Officer, who shall be an ex-
officio member with a right to vote.

(4) Schedule 1 has effect in relation to the constitution and
matters concerning the procedure of the Council.

Qualifications for registration
5 Subject to this Act, a person is entitled to be registered as a
veterinary practitioner under section 6 if he is a Bermudian or
authorised to work in Bermuda in compliance with the Immigration and
Protection Act 1956, and satisfies the Council that he is of good
character and

(a) is eligible to hold membership in the Royal College of
Veterinary Surgeons of the United Kingdom without
further examination; or

(b) is eligible to hold a valid licence or other authorisation to
practise veterinary science in any part of the United
States, Canada, the European Union or any member
country or associate member of the Caribbean Economic
Community (CARICOM).

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Registration
6 (1) A person who desires to be registered as a veterinary
practitioner to practise veterinary science shall apply in the prescribed
form to the Council.

(2) An application under subsection (1) shall be accompanied
by the prescribed fee and such additional documents as the Council may
require.

(3) The Council shall consider the application as soon as
practicable and if satisfied that the applicant meets the qualifications
specified under section 5, direct the Registrar to enter the required
particulars relating to the applicant in the register and issue to the
applicant a certificate of registration.

(4) Where the Council rejects an application, it shall record its
decision and the reasons for it and inform the applicant in writing about
the decision and the reasons for it.

Provisional registration to acquire veterinary experience in
Bermuda
7 (1) A person who desires to be registered under this Act for the
purpose of acquiring in Bermuda such experience in veterinary science
as will entitle him to be registered as a veterinary practitioner under
section 6, may apply to the Council for provisional registration.

(2) An application under subsection (1) shall be in the
prescribed form and shall be accompanied by the prescribed fee and
such additional documents as the Council may require.

(3) The Council shall consider the application as soon as
practicable and may either approve or reject it.

(4) The Council may approve an application under subsection
(1) and direct the Registrar to register that person provisionally in the
register for a period not exceeding six months, if the Council is satisfied
that the applicant 

(a) is a Bermudian or is resident in Bermuda in compliance
with the Bermuda Immigration and Protection Act
1956;

(b) is of good character;

(c) has graduated from a degree programme of at least three
years duration in veterinary science from an accredited
school of veterinary science; and

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(d) has secured placement with a registered veterinary
practitioner.

(5) Where the Council approves an application for provisional
registration under this section, the Council shall attach to its approval
such conditions as the Council considers appropriate and shall include a
condition that the provisionally registered veterinary practitioner shall
only practise veterinary science under the direct supervision of a
registered veterinary practitioner.

(6) Where the Council rejects an application made under
subsection (1), it shall record its decision and the reasons for it and
inform the applicant in writing about its decision and the reasons for the
decision.

Duration and renewal of registration certificate
8 (1) A certificate issued under section 6 shall be valid for a
period not exceeding three years from the day the certificate is issued.

(2) A person who wants a certificate to practise veterinary
science issued under section 6 to be renewed shall apply in the
prescribed form to the Council.

(3) An application under subsection (2) shall be accompanied
by the prescribed fee and such additional documents as the Council may
require.

(4) The Council shall consider the application as soon as
practicable and if satisfied that the applicant—

(a) continues to meet the applicable qualifications for
registration set out in section 5;

(b) has, within the 3 years preceding the date on which he
applies for the renewal of his certificate, complied with
the requirements of the Continuing Veterinary
Education Programme; and

(c) meets any other requirements applicable to him,

direct the Registrar to renew the certificate.

(5) A registered veterinary practitioner shall display his
certificate at all times in a conspicuous location at the principal place
where he practises veterinary science.

Authorised visiting veterinary practitioner
9 (1) Subject to this section, the Council may grant a permit to a
person who is licensed overseas by a recognised professional body to
practise veterinary science, to practise veterinary science in Bermuda for

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a period not exceeding ninety days for the purpose of assisting a
registered veterinary practitioner.

(2) A registered veterinary practitioner who requires the
assistance of a visiting veterinary practitioner shall make an application
on behalf of the visiting veterinary practitioner to the Council in writing
in such form as the Council may determine, for a permit to practise
veterinary science.

(3) An application made under subsection (2) shall be
accompanied by the prescribed fee and such additional documents as
the Council may require.

(4) Where the Council is satisfied that there is need for
veterinary expertise and that, by virtue of his professional qualifications
and experience in veterinary science, the visiting veterinary practitioner
would meet that need, the Council may issue the permit.

(5) Where the Council issues a permit to a visiting veterinary
practitioner to practise veterinary science in Bermuda, the Council
may specify in the permit —

(a) the type of cases within their specialty which the
practitioner is authorised to assist with; and

(b) such conditions or restrictions relating to the practice of
veterinary science as the Council may consider
appropriate.

(6) A person to whom a permit is issued under subsection (4)
shall not practise veterinary science in Bermuda otherwise than in
accordance with such authorisation.

Register of Veterinary Practitioners
10 (1) The Council shall cause the Registrar to open and maintain
at his office, in such form as it may from time to time determine, a
register to be known as the “Register of Veterinary Practitioners”.

(2) The register is an official record and shall contain 

(a) the names, addresses and qualifications of registered
veterinary practitioners;

(b) the branch or branches of veterinary science (if any) in
relation to which each veterinary practitioner is
registered and any specialty;

(c) such particulars as the Council considers necessary or
expedient for identifying registered veterinary
practitioners; and

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(d) such other particulars the Council may specify.

(3) The Registrar shall, at the direction of the Council —

(a) enter in the register every change which comes to his
knowledge in the addresses or other particulars of the
persons registered therein;

(b) remove from the register all entries procured by fraud or
misrepresentation;

(c) remove from the register the name of any person who
dies or who applies to have his name removed; and

(d) make any other necessary entry, erasure or alteration to
keep the register correct, in accordance with this Act.

(4) A person may at all reasonable times during normal
business hours, on payment of the prescribed fee, inspect the register
and take copies of or extracts from it.

Annual gazetting of particulars
11 (1) As soon as practicable after 1 January in every year, the
Registrar shall publish in the Gazette a notice setting out the names and
other particulars entered in the register on that date.

(2) A copy of the latest gazetted notice is prima facie evidence
in all courts that the persons whose names are included in the notice are
registered veterinary practitioners and the absence of a person’s name
from the notice is prima facie evidence in all courts that he is not a
registered veterinary practitioner.

Alteration of registered particulars; voluntary removal of name from
register
12 (1) If any change occurs in respect of the name or address of
the holder of a certificate, he shall immediately inform the Council in
writing and if the Council is satisfied that the change should be made,
the Council shall direct the Registrar to make the necessary change to
the certificate and register.

(2) A registered veterinary practitioner who desires to have his
name removed from the register shall make an application for that
purpose to the Council, surrender his certificate; and the Council may on
receipt of the certificate, direct the Registrar to make the necessary
alterations to the register.

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Professional misconduct
13 (1) If an allegation of professional misconduct on the part of a
registered veterinary practitioner is brought to the notice of the Council
in writing, the Council shall investigate the allegation as soon as
practicable and make a determination as to whether an enquiry is
warranted.

(2) For the purposes of an enquiry under this section the
Council may, by notice in writing served on a person, summon him to
give evidence at the enquiry or produce documents or records in his
possession and the Council may take evidence on oath or affirmation
and administer such oath or affirmation.

(3) In an enquiry under this section, the Council shall allow the
registered veterinary practitioner concerned 

(a) to appear before the Council;

(b) to be represented by counsel;

(c) to cross-examine witnesses; and

(d) generally to make a full defence of his interests.

(4) At the conclusion of its enquiry, the Council shall 

(a) decide whether an allegation has been proved and record
its decision, with reasons, in writing;

(b) in a case where it finds that an allegation has been
proved, decide what disciplinary action it will take and
specify in a notice to the registered veterinary
practitioner, the disciplinary action which it will take;
and

(c) within 28 days after the conclusion, serve on the person
in relation to whom the enquiry was held a written
notice stating its decisions.

(5) For the purposes of subsection (4)(b), the Council may 

(a) reprimand or caution the veterinary practitioner;

(b) impose a condition on the veterinary practitioner’s
registration;

(c) suspend the veterinary practitioner’s registration for
such period as it considers just; or

(d) cancel the veterinary practitioner's registration and
strike his name off the register.

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(6) In this section 

"professional misconduct" includes—

(a) incompetence or negligence in the provision of
medical or surgical treatment;

(b) improper or unethical conduct in relation to
professional practice;

(c) conduct that brings the profession into disrepute;

(d) having one’s name struck off a register of veterinary
practitioners kept outside Bermuda by a recognised
professional body for reasons which the Council
considers affects one’s fitness to practise;

(e) conviction, whether in Bermuda or elsewhere, for an
indictable offence which the Council considers affects
one’s fitness to practise his profession; and

(f) a contravention of or failure to comply with—

(i) this Act or Regulations made under this Act;
or

(ii) a code of conduct or professional standard
issued by the Council;

"incompetence" means lacking the knowledge, ability or skill
which can reasonably be expected of a registered
veterinary practitioner.

Restoration of name in register
14 (1) A registered veterinary practitioner whose name has been
removed from the register under section 12(2) or struck off under section
13 may apply to the Council on the prescribed form for his name to be
restored to the register and shall pay the prescribed fee.

(2) On receipt of an application under subsection (1), the
Council shall consider 

(a) why the veterinary practitioner's name was removed or,
if struck off the register, the misconduct for which his
name was struck off;

(b) his conduct after his name was removed or struck off;
and

(c) any other circumstances appearing to the Council to be
relevant.

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(3) After considering the matters referred to under subsection
(2), the Council shall decide whether or not to restore the applicant's
name to the register, as the case may require, and shall direct the
Registrar to alter the register accordingly.

(4) Where the Council rejects an application made under
subsection (1), it shall record its decision and the reasons for it and
inform the applicant in writing about its decision and the reasons for the
decision.

Appeals to Minister
15 (1) A person who is aggrieved by a decision of the Council,
made under section 6, 7, 8, 9, 12, 13 or 14, may within fourteen days of
receiving a written notice of that decision, appeal to the Minister against
the decision.

(2) An appeal under subsection (1) shall be made by notice in
writing to the Minister setting out the grounds for the appeal.

(3) The Minister shall decide the appeal and make such order
as seems just and the Registrar on the advice of the Council shall
implement the Minister’s decision.

(4) A decision to which this section applies shall not take effect
in relation to the person against whom the decision was made until the
expiration of the period for which he is allowed to appeal or, where he
brings an appeal, until the appeal is decided or abandoned.

Regulations
16 (1) The Minister may make regulations 

(a) prescribing forms, notices or other documents to be
used for the purposes of this Act;

(b) specifying the manner in which notices may be served;

(c) prescribing documents required to be forwarded with
applications;

(d) prescribing any other matter or thing which by or under
this Act may be or is to be prescribed;

(e) prescribing matters necessary or convenient to be
prescribed for carrying out or giving effect to this Act.

(2) The Minister shall consult the Council before he makes any
Regulations.

(3) Regulations made under this section are subject to the
negative resolution procedure.

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Consequential amendments
17 The enactments specified in the first column of Schedule 2 are
amended as specified in the second column of that Schedule.

Savings
18 (1) A person who immediately before the day of the coming into
force of this Act, held a valid certificate issued by the Minister under
section 8 of the Agriculture Act 1930 shall, on the day of the coming into
force of this Act, be deemed to be registered as a veterinary practitioner
under section 6 of this Act.

(2) Any application for a certificate which was pending under
section 8 of the Agriculture Act 1930 at the commencement of this Act,
shall continue as if it were an application for registration made under
section 6 of this Act.

(3) Nothing in this Act affects any statutory provision under
which a person is authorised to perform functions which, under this Act,
constitute the practice of veterinary science.



SCHEDULE 1 (section 4)

VETERINARY PRACTITIONERS COUNCIL

1 Members of the Council shall be appointed by the Minister for a
term not exceeding two years, specified in their instrument of
appointment, and may be re-appointed.

2 For the purposes of the first constitution of the Council, section
4(3)(a) has effect as if for the words "registered veterinary practitioners”,
the words "persons who in the Minister’s opinion, are entitled to be
registered under section 6”, are substituted.

3 A Chairman shall be appointed annually by the Minister from
among the members of the Council and if at any time a person holding
office as Chairman ceases to hold office as such or ceases to be a
member of the Council, the Minister shall appoint another member to be
Chairman in his stead.

4 If the Minister is satisfied that a member is by reason of ill-
health or absence from Bermuda or other sufficient cause unable to
perform his duties as a member, the Minister may, subject to section
4(3), appoint another person to act, for that member during the period of
his incapacity or inability to act, except that, in the case of the incapacity
or inability of the ex officio member to act, the Director of Environmental
Protection shall act for that member during the period of any such
incapacity or inability to act.

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5 A member may at any time resign his office, by giving the
Minister a signed notice in writing of his resignation.

6 The Minister may at any time declare the office of a member
vacant if he is satisfied that the member—

(a) has failed without sufficient cause to attend three
consecutive meetings of the Council; or

(b) is incapacitated by physical or mental illness; or

(c) has otherwise become unable or unfit to perform his
duties as a member.

7 A person appointed to fill a vacancy left by a member who did
not complete his term of office may be appointed for the unexpired
portion of that member's term and no longer, but an appointment to
such a vacancy need not be made where the unexpired portion of the
term is less than three months.

8 Four members, which shall include two registered veterinary
practitioners, the Government Veterinary Officer and one person
appointed under section 4(3)(b), constitute a quorum at any meeting of
the Council.

9 If the Chairman is absent from a meeting of the Council, the
members present shall elect one of their number to act as Chairman at
that meeting.

10 Any question for decision by the Council shall be decided by a
majority of the members present and voting; each member has one vote,
except that the person presiding shall have a second vote if there is a tie.

11 An act of the Council is not invalid by reason only of a vacancy
in the Council's membership or a defect in a member's appointment.

12 Subject to paragraphs 1 to 11, the Council may regulate its
proceedings as it sees fit.



SCHEDULE 2 (section 18)

Consequential Amendments

Column 1 Column 2

Enactment Amendment

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Section 1 of the Agriculture Act
1930

delete the definition of
“veterinary science” and
substitute the following
definition 

"veterinary science" means
the application of
medicine or surgery to
any kind of animal and
includes 

(a) assessment of the
physiological status
of an animal;

(b) diagnosis of any
disease, injury,
deformity or defect
of an animal;

(c) prescribing or
administering any
drug, medicine,
apparatus,
anaesthetic or
substance to an
animal for the
purpose of the
diagnosis, treatment
or prevention of any
disease, injury,
deformity or defect
of an animal;

(d) giving advice on the
diagnosis or
treatment of disease
in an animal or an
injury to an animal;

(e) applying the
principles of
zoonotic disease
control and disaster
medicine in the
promotion of animal
welfare and public
health.



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Sections 8, 9, 10 and 11 of the
Agriculture Act 1930

repeal.

Regulation 1 of the Agriculture
(Control of Animal Diseases)
Regulations 1947:

delete from the definition of
“veterinary practitioner", the words
"Agriculture Act 1930 [title 25 item
1]" and substitute the words
"Veterinary Practitioners Act 2008".

Section 1 of the Care and Protection
of Animals Act 1975:

delete from the definition of
"veterinary practitioner", the words
"section 8 of the Agriculture Act
1930 [title 25 item 1]" and substitute
the words "the Veterinary
Practitioners Act 2008".

Section 1 of the Misuse of Drugs
Act 1972:

delete from the definition of
"veterinary practitioner", the words
"section 8 of the Agriculture Act
1930 [title 25 item 1]” and substitute
the words "the Veterinary
Practitioners Act 2008".

Section 1 of the Pharmacy and
Poisons Act 1979:

delete from the definition of
"veterinary practitioner", the words
"section 8 of the Agriculture Act
1930 [title 25 item 1]” and substitute
the words "the Veterinary
Practitioners Act 2008".