Clarification Needed On Legal Posiition On Treating A Guinea Pig

[karonus]

Just doing some research and came across the following:

19.2 Section 19 of the Act provides, subject to a number of exceptions, that only registered members of the Royal College of Veterinary Surgeons may practise veterinary surgery. 'Veterinary surgery' is defined within the Act as follows:


‘“veterinary surgery” 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.’

When checking the exemptions the following is mentioned.

Veterinary Surgeons Act 1966 (amended Jan 2014)
Schedule 3
Part 1- Treatment and Operations which may be given or Carried Out by Unqualified Persons
sub section 2
[Any medical treatment or any minor surgery] (not involving entry into a body cavity) given,
otherwise than for reward, to an animal used in agriculture, as defined in the Agriculture Act 1947,
by the owner of the animal or by a person engaged or employed in caring for animals so used.

Now the question I have to ask, is the mouth regarded as a body cavity. I know there are some forum members involved in the profession and there are also some rescues that carry out there own dental treatment. If the mouth is regarded as a body cavity are these rescues carrying out the treatment illegally.

 

[sport_billy]

I can't imagine that the mouth is considered a body cavity. Maybe @Abi_nurse could give some input into this or @Amanda1801

 

[DM090820]

I think the mouth does count as a body cavity (the oral cavity) (in humans anyway).

1) Any minor medical treatment given to an animal by its owner, by another member of the
household of which the owner is a member or by a person in the employment of the owner.


2) [Any medical treatment or any minor surgery] (not involving entry into a body cavity) given,
otherwise than for reward, to an animal used in agriculture, as defined in the Agriculture Act 1947,
by the owner of the animal or by a person engaged or employed in caring for animals so used.

3) The rendering in an emergency of first aid for the purpose of saving life or relieving pain or
suffering.

This from the RCVS is far clearer:

19.4 Veterinary surgeons and veterinary nurses should be aware of the exceptions as they apply, for example, to:

1. the animal owner, a member of his household or his employee, who may carry out minor medical treatment, in accordance with Schedule 3 of the Veterinary Surgeons Act 1966;
2. the animal owner or person engaged in caring for animals used in agriculture, who may carry out medical treatment or minor surgery not involving entry into a body cavity, in accordance with Schedule 3 of the Veterinary Surgeons Act 1966;
3. registered or listed veterinary nurses who may carry out medical treatment and minor surgery (not including entry into a body cavity), in accordance with Schedule 3 of the Veterinary Surgeons Act 1966 (see supporting guidance on delegation to veterinary nurses);
4. student veterinary nurses who may carry out medical treatment and minor surgery (not including entry into a body cavity), in accordance with Schedule 3 of the Veterinary Surgeons Act 1966 (see supporting guidance on delegation to veterinary nurses);
5. veterinary students who are undertaking the clinical part of their course, in accordance with the Veterinary Surgeons (Practice by Students) (Amendment) Regulations 1993;
6. registered farriers in accordance with the Farriers (Registration) Acts 1975 and 1977;
7. physiotherapists, chiropractors, and osteopaths in accordance with the Veterinary Surgery (Exemptions) Order 1962;
8. blood sampling under the Blood Sampling Order 1983, as amended;
9. animal husbandry trainees over 17 years of age in castration of certain male animals, disbudding of calves and docking of lambs' tails, in accordance with Schedule 3 of the Veterinary Surgeons Act 1966; and,
10. anyone administering emergency first aid to save life or relieve pain or suffering, in accordance with Schedule 3 of the Veterinary Surgeons Act 1966.

(2) Seems to apply only to animals used in agriculture, it allows things like castration of farm animals by the farmer or any other person providing that no reward either monetary or in kind is given. The Agriculture Act 1947 - “livestock” includes any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land; so as well as the above things like horses used to pull ploughs, working dogs etc, but not pets.

(1) Is really down to whatever minor is supposed to be interpreted as, it isn't in the Act.

I think that bit was added in because farmers used to love doing all sorts of interesting DIY surgery to their livestock.

Of course I may be wrong, and anyone worried about the legal implications of anything should consult solicitor.

 

[helen105281]

I have been told that the mouth is indeed a body cavity which is why all dental work at the clinic I volunteered at is done by the vet.

 

[sport_billy]

I think to be honest, no one should ever attempt anything like teeth without seeing a vet. They are the experts and they are trained in animal medicine. I wouldn't trust my piggies with anyone but a qualified professional. There is a reason why vets spend so long training.

I am not 100% sure but with the CCT you sign your pig over to them so maybe that is how the section the falken has quoted comes into play.
I would never trust my piggies with anyone other than a vet but am lucky in the way that our vet is excellent when it comes to dentals.

 

[DM090820]

This is true, one the 'minor' point common sense would really dictate that messing with the teeth of an animal that requires them in order to live isn't minor at all At the same time the Animal Welfare Act still applies, so it should dissuade people.

 

[karonus]

The reasons why I started the discussion, as more and more rescues are taking place and more piggies are needing treatment, the like of the CCT are becoming more noticeable and most people are unaware of their legal position. Ignorance of the law is not a defence and we should all as pet owners become more knowledgeable about our legal responsibilities.

 

[helen105281]

This was posted on the Facebook page of another forum which I am an admin on and was prepared by a lawyer. I have been told I can share here.

WHO CAN LEGALLY TREAT YOUR GUINEA PIGS
What the Law says:
The Veterinary Surgeons Act, 1966, S.19:
19 Restriction of practice of veterinary surgery by unqualified persons
(1) Subject to the following provisions of this section, no individual shall practise, or hold himself out as practising or as being prepared to practise, veterinary surgery unless he is registered in the register of veterinarysurgeons or the supplementary veterinary register, and an individual who acts in contravention of this subsection shall be liable—
(a) on summary conviction to a fine not exceeding [the prescribed sum]
(b) on conviction on indictment to a fine.
Section 27 Interpretation
(1) In this Act, except so far as the context otherwise requires,—
"animals” includes birds and reptiles
“veterinary surgery” 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.
There are increasingly more and more people offering their services as ‘Rodent Advisors’ and examining/diagnosing animals within a home environment. Before engaging the services of such a person for your animal, you should seriously consider the following:
• Because Rodent Advisors have no legally recognised qualification, they should not be administering any ‘veterinary drug’, or doing any procedure that involves invading the body cavity of an animal, this includes, injections, using dental equipment, and similar procedures. Titles and certificates for “qualifications” that have not been certified by any third-party independent assessor will not have any weight with vets or with their governing body.

• Have you actually questioned a person about to conduct an examination on your animal about what experience they have, apart from their experience with their own guinea pigs.

• How many guinea pigs, apart from their own pets, have they treated?

• What conditions have they treated guinea pigs for? How successful was the treatment? Was the advice of a veterinary surgeon sought?

• What safeguards are in place should an accident occur to your animal whilst it is being examined or treated?

• Is there immediate access to a veterinary surgeon to assist in the event of a life threatening situation, for example if the animal needs oxygen or emergency surgery?

• Does the person examining or treating your animal have the support of a veterinary surgeon to carry out consultations/procedures in a home environment?
The person who is carrying out animal examinations in a home environment should consider the following.

• Do you have Public Liability Insurance?

• If an animal is injured, or is made ill or more ill through your negligence, you could be sued by the owner. (This is a civil liability which is separate from and potentially in addition to a possible criminal prosecution for carrying out any procedures that the law requires to be carried out by a qualified veterinary practitioner). Even giving negligent advice resulting in harm to the animal could render you liable to possible legal action in certain circumstances. Be aware that public liability insurance could be extremely difficult to obtain where you have no legally recognised qualifications.
There has also been an alarming increase in ‘home video tutorials’ appearing on You Tube/Facebook and other websites. These purport to demonstrate how to carry out procedures such as:
• Rodent dentistry

• Clipping guinea pigs coats either with scissors or electric clippers.
The publication of material like this is highly irresponsible. In general, there are no safety precautions or warnings given, no advice that anyone under the age of 18 should not attempt to use scissors or clippers on a guinea pig, and no mention or indication that immediate access to a vet is available in the event of an accident.
The fact that the person(s) conducting these tutorials have had ‘alleged’ years of practice, does not mean that an accident cannot happen, even for them. To suggest, as many of the videos do, that the procedures can be carried out by someone who has no experience whatsoever will encourage inexperienced owners to “have a go”. Guinea pigs in nature are prey animals and can be uncooperative and wriggly; this will be when accidents occur.
There are number of highly knowledgeable, but not formally trained, people whose knowledge and to a degree expertise has been recognised, so that they have been given the opportunity to volunteer their time to run health checks on guinea pigs within a veterinary practice and with the full support of a veterinary surgeon. This ensures that there is veterinary support immediately available in any emergency situation, and also that the person carrying out the health checks is covered by the practice insurance.
You have a responsibility to your animal(s) that diagnoses, treatments and procedures are carried out by a qualified veterinary surgeon, but should you choose to see a ‘Rodent Advisor’ you should ensure that the above safeguards are in place, and that such a person is fully supported by a qualified veterinary surgeon.