The Veterinary Surgery (Epidural Anaesthesia) Order 1992

Made: 11th March 1992

Laid before Parliament: 12th March 1992

Coming into force: 6th April 1992

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Department of Agriculture for Northern Ireland, acting jointly, in exercise of the powers conferred by section 19(4)(e) of the Veterinary Surgeons Act 1966[^f00001] and now vested in them[^f00002] and of all other powers enabling them in that behalf, after consultation in accordance with the said section 19(4)(e) with the Council of the Royal College of Veterinary Surgeons, hereby make the following Order:

Title and commencement

1

This Order may be cited as the Veterinary Surgery (Epidural Anaesthesia) Order 1992 and shall come into force on 6th April 1992. Interpretation

2

In this Order, unless the context otherwise requires—

• “the Act” means the Veterinary Surgeons Act 1966;

• “approved” means approved for the time being by the Minister, by the Secretary of State or by the Department of Agriculture for Northern Ireland, as the case may be;

• “embryo” means the initial stage of development of a domestic animal of the bovine species while it is capable of being transferred to a recipient dam;

• “embryo collection” means the collection of embryos from donor animals;

• “embryo collection or embryo transfer team” means an approved group of technicians supervised by a team veterinarian competent to perform the collection, processing and storage, or the transfer of embryos;

• “embryo transfer” means the transfer of embryos into recipients;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “qualified person” means a person who is registered in the register of veterinary surgeons or the supplementary veterinary register;

• “team veterinarian” means a qualified person who is the veterinarian responsible for the supervision of an embryo collection or embryo transfer team.

Exemption from prohibition of practice of veterinary surgery

3

• (1) The administration of epidural anaesthesia for the purpose of embryo collection or transfer, if carried out by a person who complies with the conditions set out in paragraph (2) below, is hereby specified as a minor treatment, test or operation for the purposes of section 19(4)(e) of the Act (which provides that the prohibition of the practice of veterinary surgery by unqualified persons contained in section 19(1) of the Act shall not apply to the carrying out or performance of any minor treatment, test or operation specified in an Order made under the said section 19(4)(e) so long as any conditions so specified are complied with).

• (2) The conditions referred to in paragraph (1) above are as follows.

• (3) Any person administering epidural anaesthesia—

• (a) shall be not less than 18 years of age and be undergoing an approved course of instruction in the administration of epidural anaesthesia; or

• (b) shall be not less than 18 years of age and—

• (i) have completed an approved course and passed the necessary tests or examinations in the administration of epidural anaesthesia at a University Veterinary School in the United Kingdom to the effect that he is certified as competent to administer epidural anaesthesia, and

• (ii) have given notice of that certification to the Minister, to the Secretary of State or to the Department of Agriculture for Northern Ireland, as the case may be, to that effect,

• (iii) in the event that he has not practised the administration of epidural anaethesia for two years or more, completed an approved refresher course.

• (4) In addition to the conditions specified in paragraph (3) above, any such person shall administer epidural anaesthesia only while he is acting—

• (a) in the case of a person described in paragraph (3)(a) above, under the direct and continuous personal supervision of a qualified person;

• (b) in any other case, on the instructions and under the authority of a team veterinarian (or other qualified person nominated by him in his stead) and as a member of an embryo collection or embryo transfer team.

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th March 1992.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Strathclyde — Parliamentary Under Secretary of State, Scottish Office — 10th March 1992

David Hunt — Secretary of State for Wales — 10th March 1992

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 11th March 1992.

W. J. Hodges — Permanent Secretary

Explanatory note

(This note is not part of the Order)

This Order permits the administration of epidural anaesthesia for the purpose of bovine embryo collection or transfer by persons not qualified as veterinary surgeons or practitioners, which would otherwise be prohibited by section 19(1) of the Veterinary Surgeons Act 1966.

The person administering epidural anaesthesia must be not less than 18 years and be in training on an approved course in the technique or must have completed such a course of training and be certificated. Such a trainee can administer epidural anaesthesia only under the direct and continuous personal supervision of a qualified person. Other persons who are certificated can perform the technique only on the instructions and under the authority of a team veterinarian. Persons who have not performed the technique for at least two years must have completed an approved refresher course.

Footnotes

[^f00001]: 1966 c. 36; “the Ministers” is defined in section 27(1) as amended by paragraph 1 of Schedule 5 to the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272).

[^f00002]: In the case of the Department of Agriculture for Northern Ireland, by virtue of section 40 of, and paragraph 7(1) of Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36), and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).