Advice on Schedule 3

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Introduction

1. Under the Veterinary Surgeons Act 1966 the general rule is that only a veterinary surgeon may practise veterinary surgery. There are, however, a number of exceptions to this rule, and two of them concern veterinary nurses. This note explains the law as it applies to them.

Definition of veterinary surgery

2. Veterinary surgery as defined in the Act "means the art and science of veterinary surgery and medicine and, without prejudice to the generality of the foregoing, shall be taken to include-

(a) the diagnosis of diseases in, and injuries to, animals including tests performed on animals for diagnostic purposes;

(b) the giving of advice based upon such diagnosis;

(c) the medical or surgical treatment of animals; and

(d) the performance of surgical operations on animals."

What can be done by people other than veterinary surgeons

3. Schedule 3 to the Act allows anyone to give first aid in an emergency for the purpose of saving life and relieving suffering. The owner of an animal, or a member of the owner's household or employee of the owner, may also give it minor medical treatment. There are a number of other exceptions to the general rule, mainly relating to farm animals, in addition to the exceptions which apply to veterinary nurses. The rules on veterinary nurses are explained below.

What can be done by veterinary nurses

4. Veterinary nurses, like anyone else, may give first aid and look after animals in ways which do not involve the practice of veterinary surgery. In addition, veterinary nurses may do the things specified in paragraphs 6 and 7 of Schedule 3 to the Veterinary Surgeons Act 1966 as amended by the Veterinary Surgeons Act 1966 (Schedule 3 Amendment) Order 2002, SI 2002/1479. The text of these paragraphs is set out in the annex below.

Qualified veterinary nurses

5. Paragraph 6 of the Schedule applies to veterinary nurses whose names are entered on the list maintained by RCVS. Listed veterinary nurses include Registered Veterinary Nurses for this purpose.

6. Listed veterinary nurses may administer "any medical treatment or any minor surgery (not involving entry into a body cavity)" under veterinary direction. The Schedule does not, however, authorise a veterinary nurse to carry out any of a number of procedures which are specified in Part II of the Schedule. These excluded procedures are the castration of a horse, pony, ass or mule, the castration or spaying of a cat or dog, and a number of other procedures relating to farm animals.

7. The animal must be under the care of a veterinary surgeon and the treatment must be carried out at the veterinary surgeon's direction. The veterinary surgeon must be the employer of the veterinary nurse or be acting on behalf of the nurse's employer. The directing veterinary surgeon must be satisfied that the veterinary nurse is qualified to carry out the treatment or surgery.

Student veterinary nurses

8. Paragraph 7 of the Schedule applies to student veterinary nurses. A student veterinary nurse is someone enrolled for the purpose of training as a veterinary nurse at an approved training and assessment centre or a veterinary practice approved by such a centre.

9. A student veterinary nurse may administer "any medical treatment or any minor surgery (not involving entry into a body cavity)" under veterinary direction. Schedule 3 does not, however, allow the nurse to castrate a horse, pony, ass or mule, castrate or spay a cat or dog, or carry out certain procedures relating to farm animals.

10. The animal must be under the care of a veterinary surgeon and the treatment must be carried out at the veterinary surgeon's direction. The veterinary surgeon must be the employer of the veterinary nurse or be acting on behalf of the nurse's employer.

11. The treatment or minor surgery must be carried out in the course of the student veterinary nurse's training.

12. The treatment or surgery must be supervised by a veterinary surgeon or a listed veterinary nurse. In the case of surgery the supervision must be direct, continuous and personal.

Medical treatment and minor surgery

13. The Act does not define "any medical treatment or any minor surgery (not involving entry into a body cavity)". Ultimately it would be for the courts to decide what these words mean.

Guidance

14. Veterinary nurses should only carry out medical treatment or minor surgery after considering in each individual case whether they are competent to do so, taking into account their training and experience, the nature of the treatment or procedure and the condition of the patient. The directing veterinary surgeon should take the same matters into account in deciding whether the nurse is qualified to carry out the treatment.

Anaesthesia

15. There is separate guidance on the role of veterinary nurses in the maintenance and monitoring of anaesthesia in advice note 19. Download the advice note. (PDF 51Kb)

ANNEX

EXTRACTS FROM SCHEDULE 3 TO THE VETERINARY SURGEONS ACT 1966

Note: section 19(4)(b) of the Act allows a person who is not a veterinary surgeon to do "anything specified in Part 1 of Schedule 3 to this Act and not excluded by Part II of that Schedule".

Extract from Part I of the Schedule

6. Any medical treatment or any minor surgery (not involving entry into a body cavity) to any animal by a veterinary nurse if the following conditions are complied with, that is to say -

(a) the animal is, for the time being, under the care of a registered veterinary surgeon or veterinary practitioner and the medical treatment or minor surgery is carried out by the veterinary nurse at his direction;

(b) the registered veterinary surgeon or veterinary practitioner is the employer or is acting on behalf of the employer of the veterinary nurse; and

(c) the registered veterinary surgeon or veterinary practitioner directing the medical treatment or minor surgery is satisfied that the veterinary nurse is qualified to carry out the treatment or surgery.

In this paragraph and in paragraph 7 below -

"veterinary nurse" means a nurse whose name is entered in the list of veterinary nurses maintained by the College.".

7. Any medical treatment or any minor surgery (not involving entry into a body cavity) to any animal by a student veterinary nurse if the following conditions are complied with, that is to say -

(a) the animal is, for the time being, under the care of a registered veterinary surgeon or veterinary practitioner and the medical treatment or minor surgery is carried out by the student veterinary nurse at his direction and in the course of the student veterinary nurse's training;

(b) the treatment or surgery is supervised by a registered veterinary surgeon, veterinary practitioner or veterinary nurse and, in the case of surgery, the supervision is direct, continuous and personal; and

(c) the registered veterinary surgeon or veterinary practitioner is the employer or is acting on behalf of the employer of the student veterinary nurse.

In this paragraph -

"student veterinary nurse" means a person enrolled under bye-laws made by the Council for the purpose of undergoing training as a veterinary nurse at an approved training and assessment centre or a veterinary practice approved by such a centre;

"approved training and assessment centre" means a centre approved by the Council for the purpose of training and assessing student veterinary nurses."

Part II of the Schedule

Nothing in section 19(4)(b) of this Act shall authorise—

(a) the castration of a male animal being—

(i) a horse, pony, ass or mule,

(ii) a bull, boar or goat which has reached the age of two months,

(iii) a ram which has reached the age of three months, or

(iv) a cat or dog;

(b) the spaying of a cat or dog;

(c) the removal (otherwise than in an emergency for the purpose of saving life or relieving pain or suffering) of any part of the antlers of a deer before the velvet of the antlers is frayed and the greater part of it has been shed;

(d) the desnooding of a turkey which has reached the age of 21 days;

(e) the removal of the combs of any poultry which have reached the age of 72 hours;

(f) the cutting of the toes of a domestic fowl or turkey which has reached the age of 72 hours;

(g) the performance of a vasectomy or the carrying out of electro-ejaculation on any animal or bird kept for the production of food, wool, skin or fur or for use in the farming of land;

(h) the removal of the supernumerary teats of a calf which has reached the age of 3 months; or

(i) the dehorning or disbudding of a sheep or goat, except the trimming of the insensitive tip of an ingrowing horn which, if left untreated, could cause pain or distress.

January 2009