The Council under Section 17 (2), upon such application and payment for a practicing certificate, the Council, if satisfied that the premises at, and the conditions under, which the applicant practices or proposes to practice veterinary medicine are suitable for such practice, shall cause the Registrar to issue a certificate (to be styled "annual practising certificate") authorising the applicant to practice veterinary medicine at such premises during the year for which the certificate is issued. 

Effective September 2015, all premises starting with new set-ups and by 1 October 2016 for existing practices, have to submit a premise and layout plan for preliminary approval. Similarly any practice that has a change of name, address, ownership or partnership or intends to renovate or change the practice layout are required to submit a new application.

In addition applications that violate the provision of Section 17(9) of the Act will be rejected i.e. Setups of Partnerships, Enterprises, Companies, Limited Liability Companies or shareholdings with persons who are not veterinary surgeons shall be rejected outright. Existing setups who violate this principle shall be required to restructure. Please write in to the Council for clarification.

It is desirable that the practice be named as "xxxx Veterinary Clinic"or "xxxx Veterinary Hospital" in English or in Bahasa Malaysia consistent  with reserved names of veterinary practices stated in the Veterinary Surgeons Act. If possible avoid generic nouns i.e. 'Pet', 'Animal' which are often used by Petshops or other non-professional entities.

It is best that any veterinary surgeon who wish to set up his practice check the proposed name of his practise by writing in to the Council.  The proposed name could be unsuitable for reasons stated below.

Names of clinics or practices that the council deem not suitable however not exhaustive to those named below include :

• Nouns, verbs, adverbs, adjectives that assume superiority, distinction, derogatory or are generic for veterinary surgeons -
  i.e. 'Superior', 'Heaven', 'Hell', 'Saint', 'Wholesome', 'Neuter', 'Spay', 'Expert', 'Doctor', 'Better', name of a town or city
  
• National/State identity i.e. Malaysia, Selangor, University, Institution, National/International
• Or are similar to existing names of practices already approved
  
  

If an applicant for an Annual Practicing Certificate is uncertain if the proposed name is suitable, the applicant can write in to or contact the Council for verification. The practitioner is also advice to check with the local council, if the premise is suitable for veterinary practice.

When submitting an application for an annual practicing certificate, it is on the onus of the applicant to have found a suitable place for the practice and has prepared the design of the practice in accordance to the guidelines for the set up of premises as stated in the Guide to Professional Conduct and Ethics as well as regulations or directives on premise requirements as issued by the Council. The veterinary surgeon is reminded on partnership requirements as it can only be allowed between veterinary surgeons with a current annual practicing certificate.

As a courtesy, the veterinary surgeon should inform the veterinary surgeons in the vicinity of the proposed premise of the intention to set up a practice.

The applicant is to be mindful on the design of the main signboard, plates and advertisements as well as name cards, canvassing or touting for business as described under the Guide to Professional Conduct and Ethics.

Furthermore there are requirements by other regulatory authorities such as the :

• Ministry of Health (sale and storage of poisons),
• Department of Agriculture (sale and storage of pesticides),
• Department of Veterinary Services (sale of biologics and feeding ingredients)
• as well as requirements by Local Government Councils in the area of proposed practice, land use restrictions and conditions, advertisement, health, fire and safety requirements.

The applicant has to verify compliance to these requirements. In general on issuance of an APC, the local government council will process the application for the set-up of the premise.

 

MOBILE VETERINARY CLINICS / PREMISE AND ANIMAL TRANSPORT VEHICLES

Animal transport vehicle which is used for the transport of animals to and from the base practice is just for the purpose of animal conveyance. It shall be constructed in such a way that animal welfare and the prevention of cruelty to animals is paramount and that injuries to the animals are prevented, animals cannot escape there from and it be easily sanitized.

Mobile veterinary clinics as a practice are NOT ALLOWED as it may be misused as touting for business. Unless approved by the Council or exempted for public service or for the teaching students or if allowed for where veterinary services are hard to reach as in rural areas of Sabah, Sarawak and West Malaysia the general consideration is that is shall have a physical land-based practice for which services are provided from.

IN NO CIRCUMSTANCE shall a practice be allowed to commence without an APC or an approval of the local government council.

There is no specific provision for this requirement. It is however common sense that  care should be taken to ensure that the premises or location used for practice purposes are such as to enhance the dignity of the profession, be mindful of the presence of other practices in the proposed vicinity and as professional courtesy to inform other practitioners in the proposed area of practice of intention to practice.

The intending person should take note of professional conduct and ethical requirements of advertising- direct and indirect, touting and canvassing for business.

Being a statutory body, the Council self-regulates the veterinary surgeons’ profession in Malaysia. The Council makes rulings and regulations from time to time on various aspects of professional conduct and ethics in the light of the needs of society and changing professional norms.

The Veterinary Surgeons Act (VSA) spells out the :

1. 'Guide to Professional Conduct and Ethics' - which are codes that spells out how practitioners should relate to their patients, their colleagues and the public.
   In addition, the veterinary surgeon should constantly refer to guidelines and directives in addition to regulations on practice and premise requirements for a practice. These are communicated in circulars to the Veterinary Associations as well as on the websites of the Council.
2. Offences and the penalty if a veterinary surgeon or at any other person who is not exempted commits and offence.

Some of the OFFENCES are listed below:

For the full list of offences - See → Offences or refer to the Act.

Locums are registered veterinary surgeons who have an annual practicing certificate who wish to practice temporarily in a premise that is not listed in his/her APC.


Locums must first obtain a letter of support/permission from their employer where required ,
a support letter from the veterinary surgeon who intends him/her to locum for and inform the MVC under Section 27 of the Act in writing for the approval to locum, prior to commencement, failing which commits an offence under the Act. Locums are reminded that they are working part time in the practice of veterinary medicine and thus must work under a registered vet surgeon with a valid APC in a recognized premise.

Veterinary surgeons serving in public office [Section 34(4) of the Act] shall only practice veterinary medicine in the course of that person's employment under the supervision of a veterinary surgeon in the public service. Thus they are not eligible to act in capacities as locums in private sector practice.

The veterinary surgeon offering locum positions must ensure that the locum is a registered veterinary surgeon with a valid current annual practicing certificate and has sufficient experience in handling clinical cases/practices in the said premise.

The locum and the employer are reminded that they are committing an offence under Section 26 (d) if the names of the locum practice are not listed in the annual practicing certificate.

Veterinary surgeons are allowed to start a practice as a sole proprietor (only for registered veterinary surgeons) or form partnerships with other registered veterinary surgeons that have active and valid APCs. It is an offence under Section 17(9) of the Act if the partnership involves anyone other than a registered veterinary surgeon.

Where APCs' are issued to Companies or Enterprises where there are partnership involvement in companion small animal practices, the Council would like to reiterate that it is an offence under the Act should that partnership is done with persons who are not registered veterinary surgeons and do not possess an APC.

The Council will require that such applications under the context of Companies or Enterprises to submit statutory documents such as :- certificate of incorporation, list of directors and shareholders, shareholding structure, partnership agreement as well as the  Memorandum and Articles of Association that reflect this principle. The onus is on the applicant to declare the partnership ownership and for any change in partnership arrangements to the Council during applications, renewal of annual practicing license or when it occurs.

As in any partnership, veterinary surgeons should seek legal advice to draw up partnership agreements that takes into account current and future needs of a growing practice, as well as when there is changes in partners or when the partnership(s) have to be restructured, dissolved or to be sold.

Specifically, as described in OFFENCES - the Council wish to reiterate that a registered veterinary surgeon who practices veterinary medicine commits an offence if :

1. he/she has not had an annual practicing certificate (APC) of him/herself,
2. is in partnership with a registered veterinary surgeon not having such a certificate,
3. has in his/her employment a registered veterinary surgeon who does not have a certificate or
4. is employed to carry on the business of a veterinary surgeon on behalf of a person not having such a certificate.
   

Veterinary surgeons as employers should be familiar with the Act as well as other relevant Acts and Regulations in force, which include the Employment Act and Human Resource Act so as to be responsible and meet the obligations as an employer.

Organizers and sponsors of animal shows and competition, endurance competitions, racing, circus and etc. should ensure that locally registered veterinary surgeons with an Annual Practicing Certificate (APC) or Temporary Permit to Practice (TPP) are involved in the treatment of animals. In the case where the organizers or sponsors have non-registered veterinary surgeons in their team, these persons should ensure valid APC or TPP is in force (TPP).

Holders of these specific TPP's issued should be mindful that they cannot import veterinary drugs, pesticides or biologics or feed ingredients on their own accord as they have to comply to local laws on the import, storage, prescription, treatment and dispensing.

As such the holders of these specific TPP's shall only purchase these medicines from license holders or obtained permits for the import of these items or seek local registered veterinary surgeons with an APC to obtain such items for the health and treatment of the animals under their care.