Act Relating To Veterinarians And Other Animal Health [Animal Health Personnel]

Original Language Title: Lov om veterinærer og annet dyrehelsepersonell [dyrehelsepersonelloven]

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-06-15-75

Act relating to veterinarians and other animal health [animal health personnel].


Date LOV-2001-06-15-75


Ministry of Agriculture and Food

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2001 Booklet 7


Effective 01.01.2002, 15.08.2005

Changes
LOV-1948-12-10-3

Promulgated


Short Title
Animal Health Personnel.

Chapter Overview:

Chapter 1. Objectives, definitions and scope (§§ 1-3 a)
Chapter 2. Authorisation, license and other approvals (§§ 4-11)
Chapter 3. Animal health rights and duties (§ § 12-29)
Chapter 4. The veterinary legal advice (§§ 30-33)
Chapter 5. penalties and other sanctions (§§ 34-37 a)
Chapter 6. Final provisions (§§ 38-40)

Ref. former law 10 Dec 1948 no. 3.

Chapter 1. Objectives, definitions and scope

§ 1. Purpose The purpose is to ensure that animal health practitioner prudent activities and thus contribute to good animal health, proper animal welfare, food safety and safeguarding the environment.

§ 2. Definitions animal health understood in this law persons who are authorized or licensed pursuant to §§ 4 and 5 and persons entitled to work temporarily as animal health without Norwegian authorization.
With aquatic animals understood in this law aquatic animals, including marine mammals, as well as sexual products, resting and reproductive stages of aquatic animals.

§ 3. Scope This Act applies to animal health in this country.
King may issue regulations on the application of Svalbard and Jan Mayen, and may lay down special rules taking account of local conditions.

§ 3 a. The municipality's responsibilities Municipalities shall ensure adequate access to services of animal health.
Municipalities are responsible for organizing a clinical veterinary outside normal working hours.

Chapter 2. Authorisation, license and other approvals

§ 4. Authorization Right to authorization as veterinary (vet) and surgeon have the documenting relevant examinations at a Norwegian university or university college.
Right to authorization also the one who has taken foreign examination which is recognized by an agreement on mutual recognition in accordance with § 6
Authorization as veterinary surgeon can also be the one who has a foreign examination Ministry recognizes as equivalent, or otherwise proves to have the necessary proficiency. The Ministry shall first obtain statements from Norwegian university or university college.
Ministry may by regulations provide that persons other than those personnel groups covered by the preceding paragraph may be granted authorization.
Authorization is granted on application. Applicants must be under 75 years of age and otherwise be fit.
Ministry may issue further regulations on practical training, additional training and requires written pledge as a condition for obtaining authorization.

§ 5. License Whoever does not fulfill the requirements to obtain authorization, may instead be granted a license on application. The ministry may determine that a license should be limited in time, to the specific position, the execution of practical service as described in § 4, last paragraph, to certain examination or treatment methods or linked to other terms and restrictions.
License may also be given to animal health with foreign examination which is recognized by an agreement on mutual recognition in accordance with § 6
Authorized animal health which proves that they are fit to continue to exercise prudent business after reaching the age limit may be granted a license.
Ministry will issue further regulations on the conditions for obtaining a license and the conditions that may be linked to it.

§ 6. International treaties Authorisation, license and other approvals may be given by mutual agreement with a foreign state. The Ministry may issue further rules on authorization, license and approvals of animal health on the basis of foreign professional qualifications as well as control, rights and duties of such animal health.

§ 7. Limit Practice Authorised veterinarians engaged practice in Sweden and Finland in veterinary districts bordering Norway, may in certain circumstances provide veterinary services in neighboring Norwegian veterinary district without authorization or license from the Ministry.

§ 8. Approval of specialists Ministry may issue regulations on the conditions for approval of specialists in confined areas.

§ 9. Authority to grant authorizations, licenses and other authorizations Authorisation, license and approval of specialists provided by the Ministry or its authorized.


§ 9a. Relationship to service law King may issue regulations concerning procedure to supplement the provisions of service law, including procedural deadline and legal consequences of deadline exceedance.
Exceptions Services Act § 11 subsection may be made only when it is justified by overriding public interest, including the interests of private individuals defensible interests.
The procedures may waive the provisions of this Act and the Public Administration.

§ 10. Refusal of authorization, license or other approvals If there are circumstances that give grounds for revocation under § 35, the Ministry or its authorized reject an application for authorization, license or specialist certification.

§ 11. Age and waiver of authorization, license and specialist training authorization, license and specialist training in pursuance of this Act terminates when the holder turns 75, ref. § 5 third paragraph, but the right to use the professional designation retained after age limit is reached.
Authorization, license and specialist certification granted pursuant to this Act may be waived upon submission of the document to the Ministry.

Chapter 3. Animal health duties and rights

§ 12. Animal health professionals are obliged animal health duties in his field is

1.
To work for the welfare and health of animals, including wildlife populations,

2.
To promote ethical and environmentally sound husbandry,

3.
To protect society against danger and damage caused by animal diseases or of foodstuffs and products of animal origin.

§ 13. Exercise of activities etc. Animal health can provide such services as education qualifies for within the framework this and other relevant laws sets.
Animal health has an obligation to operate in a professional manner.
Ministry may pursuant to § 5 attach conditions to the license, including a provision that the holder shall be subject to supervision by other animal health.

§ 14. Aid Animal health is obliged upon request to provide the assistance competent abilities - personally or by proxy - when the information available, it must be assumed that immediate assistance is urgently needed. Secrecy ceases when a valid excuse or the auxiliary in time be afforded to other animal health.
For assistance that animal health personnel have provided under the preceding paragraph, he or she may claim an appropriate compensation from the state if he or she is not a claim, receive payment from applicant or his payment obligation. If applicant or animal health workers have obligation to help under the Animal Welfare Act § 4 and the animal is wild or not have a known owner or holder, you animal health require an appropriate compensation from the government for necessary help.
Ministry may issue regulations on when immediate assistance is urgently needed, what is needed help, appropriate remuneration and other conditions of remuneration under this provision.

§ 15. Use of adjunct Animal health can in their operations assisted by other personnel provided that adequate instruction and be supervised. Whoever leaves execution of tasks to others, must ensure that they possess the qualifications required for the proper performance of its duties.
Ministry may issue further regulations regarding animal health use of adjunct.

§ 16. Use of protected title that authorization, license or specialist approval pursuant to this Act, has the right to use such title established for that group of animal health. Exceptions are made for vets who have the right to work temporarily as animal health without Norwegian authorization.
Animal health personnel who are not veterinarians, but who has the right to work temporarily as animal health without Norwegian authorization shall use their foreign titles.
Other must not use titles or advertise their activities in such a way that it gives, or is likely to give the impression that they have a specific authorization, license or specialist certification.

§ 17. Requisition of medicines for animals Only veterinarians may requisition prescription medicines for animals.
Notwithstanding the first paragraph, fish health biologists requisition prescription medicines for aquatic animals, except sea mammals.
Ministry may fully or partially prohibit the requisition of certain medicines for animals. The same court has the ministry responsible for health legislation under.
The ministry responsible for health legislation will lay down general provisions on the issue of prescription and may determine that prescriptions for specifically mentioned drugs should be stored in the pharmacy for inspection by animal health authorities as part of the official supervision of proper practice.

Pharmacies that have reason to believe that animal health misusing anesthetics or requisitioning medicines that it is forbidden to requisition shall, notwithstanding their confidentiality notify animal health authorities.
Ministry may issue further regulations on requisition Managed animal health with specialist, and about requisitioning for use in their own practice area.

§ 18. If the medical treatment of animals and the use of specific methods, etc. Only the person who is veterinarian can

1.
Treat animals as there is reason to believe is suffering from an infectious disease or who have diseases whose treatment requires veterinary medical proficiency,

2.
Advantage of examination and treatment that requires special expertise in connection with the diagnosis, prevention and treatment of diseases in animals. Such methods include surgery, injections and other perforation of the skin or mucosa,

3.
Implement complete or local anesthesia,

4.
Use prescription drugs to treat animals

5.
Conduct meat inspection.

Fiskehelse biologists may treat infectious and other diseases under the provisions of the first paragraph, points 1-4, but only in aquatic animals except mammals.
The provisions of this section shall not preclude animal health can benefit adjunct cf. § 15. Animal own- ers may instructed by animal health make medical treatment of own animals with drugs that are only intended for use in animal health. The Ministry may issue regulations on the use of medicines in animals.
Ministry may issue further regulations to immobilize animals. Notwithstanding the first paragraph of Section. 3 Ministry may allow other veterinarians can perform this in special cases.

§ 19. Permission or prohibition of the use of specific methods etc. The Ministry may by regulations provide that specified aids and examination and treatment can only be used by animal health.
Ministry may by regulations provide that special aids and examination and treatment can only be used by animal health by special permission from the ministry. Ministry may prohibit the use of specific examination and treatment.

§ 20. General rule regarding confidentiality Animal health and their helpers should prevent others from gaining access to or knowledge of information that he or she has received in its activities on

1.
Personal affairs or

2.
Operational issues which it will be important for competitive reasons to keep secret in the interests of that information relates.

The person may not use such information in their own business or service or work for others.
Also any other contained in this Act, have confidence information mentioned in the first paragraph, to the extent that he has become aware of the information through animal health.

§ 21. Limitation of confidentiality The duty of confidentiality pursuant to § 20 is not intended to prevent

1.
That information be disclosed to the information directly relates to, or for others to the extent that the person entitled to confidentiality, consent,

2.
Information being provided to the which already are familiar with the information,

3.
Information being provided when no legitimate interest in secrecy,

4.
That information is transmitted when the need for protection is deemed safeguarded if identifying characteristics have been omitted

5.
That information is transmitted when weighty private or public interests make it legitimate to pass on the information, or

6.
That the information be disclosed in accordance with rules prescribed by law or pursuant to the law when it is expressly stipulated or clearly stipulated that confidentiality should not apply.

§ 22. Information to animal owners Animal health personnel shall provide the animal owner or his representative, information on investigation techniques, diagnoses and current treatment options and prognosis. Furthermore, the owner informed of the possible risks and side effect examination or treatment entails. If in connection with examination or treatment injury or complications arise, the animal owner shall be informed. Information to be provided in a comprehensible form and from an animal owner's assumptions.

§ 23. Prudent activities Animal health is obliged to conduct its affairs responsibly and should including

1.
Keep their relevant professional skills and knowledge alive,

2.
Be aware of their own professional limitations,

3.
Ensure the quality of their services and ensure that the activities and services planned and executed in accordance with generally accepted professional and ethical standards and requirements established pursuant to law or regulation,

4.

If patients' condition requires special treatment as a not master himself, referring pet owner to other animal health with the necessary know-how and equipment and

5.
Familiarize themselves with the rules and follow the provisions laid down for the exercise of their activities.

Ministry may issue regulations with further demands on how businesses should run.

§ 24. About systematic records, messages, reports and access to medical records Animal health is obliged to notify the public veterinary authorities about home address, whether they engage private enterprise and the starting point of this business.
Animal health should keep systematic records of their activities. Records shall be kept in accordance with good professional conduct and shall contain complete information about patients and their treatment, as well as information necessary to fulfill the notification and reporting obligations under the third paragraph. The records may be requested presented as evidence in a court case or administrative case concerning his activity.
Animal health shall submit reports and notices as government animal health authorities decide.
Animal health should provide animal health authorities access to the premises and provide all the information considered necessary for the exercise of supervision of the animal health business. Animal health personnel shall, notwithstanding the confidentiality, release the documents, sound and video recordings and the like required by the supervisory authority.
An animal owner has the right person or by a representative appointed by him to acquaint himself with his own animal records and their appendices. Upon request, animal health duty to lend or surrender records with attachments to other animal clinic or other animal health when deemed necessary for further treatment of the patient.
Ministry may issue regulations on the provisions of this section.

§ 25. Collateral Animal health personnel who will engage in private practice shall provide security for the liability they may incur in their activities. The insurance shall also cover damage caused by any workers.
Ministry may issue further regulations on what level of certainty which should be required.

§ 26. (Repealed by Act 21 Dec 2007 no. 131 (ikr. January 1, 2008).)

§ 27. Compulsory service in crisis situations In serious emergencies ministry or the ministry authorizes, impose practicing animal health personnel to perform public services for agreed benefits. The appointments shall be for as short a time as possible. Secrecy ceases when a valid excuse.

§ 28. Issue of academic certificates and declarations A certificate issuer must be careful, precise and objective. The document must be correct and contain only information that is necessary for the purpose. Animal health personnel who are disqualified under the Public Administration Act § 6 shall not issue a certificate or similar statement.

§ 29. Loss of the right to pursue activities where animal health acting as pharmacies or pharmacy managers Animal health with requisition to drugs, have no right to conduct its operations in the time that person is pharmacies or pharmacy managers.

Chapter 4. The veterinary legal advice

§ 30. Council appointment and composition shall be appointed a veterinary legal advice with 7 members, with personal deputies appointed by the Ministry for a period of 5 years. Chairman and deputy chairman are appointed by the Ministry. One of the members with deputy shall be a lawyer. Of the remaining six members, four being animal health in academic positions in relevant disciplines and two have experience in clinical practice. The latter two nominated by professional associations. By appointment shall be taken into account that the various branches of veterinary medicine are best represented.
Council may take statements from or call in experts when the necessary expertise not found among council members.
Ministry added the council secretary.

§ 31. Council tasks the Council shall advise the veterinary authorities in disciplinary matters, matters to prudent operations and matters of veterinary medicine. The Council may also take up cases on its own initiative.
Council shall be made available to the court, prosecutors, public defenders and appointed experts in veterinary issues and animal protection in connection with civil and criminal cases.
Council may make statements and conduct investigations for insurance companies and others in cases regarding insurance of animals, animal health responsibilities, trade disputes and other matters of veterinary medicine or animal nature.
Ministry may issue further provisions on working and further tasks.


§ 32. Council the right to inspect records, etc. Animal health records and their appendices and other documents on matters discussed by the veterinary legal advice, shall upon request be submitted to the Council.

§ 33. Remuneration Council chairman, members and secretary, and summoned experts are compensated at rates set by the ministry.

Chapter 5. Penalties and other sanctions

§ 34. Warning Ministry or the Ministry appoints can issue a warning to animal health personnel who willfully or negligently violates the duties under this Act or regulations issued pursuant to it, if the breach of duty is liable to endanger the safety of animal health or to inflict animal owner stress and unnecessary suffering to animals. The same applies if animal health have exhibited behavior that is likely to undermine confidence in their profession. Warning are individual Administration.

§ 35. Revocation and suspension of authorizations, licenses or other authorizations Authorisation, license or specialist certification granted pursuant to this Act may by the Ministry revoked if the holder is unable to exercise his profession because of severe mental illness, mental or physical impairment, long absence from the profession, abuse of alcohol, use of drugs or substances with similar effect, gross lack of professional insight, irresponsible conduct or serious breach of duty under this Act or regulations issued pursuant thereto. In connection with the review, the ministry may order the person to be examined by relevant professionals.
Authorisation, license or specialist training may also be revoked if the holder despite a warning fails to comply with laws or regulations specific requirements.
Authorization, license or other authorization granted on the basis of the corresponding approval in another state may be revoked if the authorization losing its validity in that State.
Instead complete revocation, authorization, license or other authorizations limited to performance of certain activities. To such a decision may be attached conditions.
If there are reasonable grounds to believe that there are grounds for revoking the Ministry may suspend authorization, license and other approvals, to the extent deemed necessary.
By revocation, limitation or suspension of the authorization, license or specialist approval shall be notified to the relevant authority in another state where it is known that he runs a business, if this is necessary to fulfill an international treaty.

§ 36. Loss of requisition If a veterinarian or fiskehelsebiologs requisition and use of veterinary medicines are inappropriate or in violation of law or regulations issued pursuant to the Act, the Ministry may wholly or partially deprive the competent court to requisition and use of certain drugs for a certain time or forever.
If the Ministry considers it appropriate, may upon application give back right before the expiration of the time stipulated.
A veterinarian can give binding waive the right to prescribe certain drugs for a certain time or forever.

§ 37. Penalties Deliberate or negligently violates this Act or regulations issued pursuant to it, punishable by fines or imprisonment for up to 3 months. Regarding violation of § 18 or regulations issued pursuant to § 18, the punishment under especially aggravating circumstances be increased up to 6 months imprisonment.

§ 37 a. Taxes and fees The King may by regulations require any person covered by this Act to pay fees to cover the costs of inspection, control and special services, such as issuing certificates and approvals, etc., Pursuant to this Act.
The King may by regulations require enterprises covered by the Act relating to food production and food safety. (Food Act) to pay a tax on foodstuffs to cover the costs of inspection and control under the Act to the extent that the activities aimed at animals used for food production, if costs are not covered by the fee pursuant to subsection.
The King may by regulations require manufacturers or importers to pay a fee of feed for animals not used for food production. The fee will cover the costs of inspection and control under the Act to the extent that the activities aimed at animals not used for food production, if costs are not covered by the fee pursuant to subsection.
The King may issue further provisions regarding fees and charges the calculation, collection and payment.
Delayed payment of fees and charges, interest shall be paid in accordance with the Act of 17 December 1976 no. 100 relating to interest on overdue payments.
Taxes and fees are enforceable by execution.


Chapter 6. Final provisions

§ 38. Commencement This Act comes into force when the King bestemmer.1 Meanwhile repealed Act 10 December 1948 no. 3 relating veterinarians etc.
provisions of § 17, second paragraph of fiskehelsebiologers right to requisition of medicine does not apply prior to the time the Ministry bestemmer.2

§ 39. Transitional Regulations etc. issued pursuant to the Act of 10 December 1948 no. 3 relating veterinarians etc. apply to the extent they conflict with this Act or regulations issued pursuant to this Act.
Who by the Act of authorization and specialist certification as animal health, keep their authorization and specialist certification under this Act.
Ministry may issue regulations with transitional provisions.

§ 40. Amendments to other acts in law 20 December 1974 nr 73. Animal amended as follows: - - -