Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982)RulesRules relating to the Practising of Para-Veterinary Profession of Veterinary PhysiotherapistConduct of persons practising Veterinary Physiotherapy5. Acceptance and payment of commission |
| (1) | Subject to Rule 4(2) a veterinary physiotherapist may not: |
| (a) | Accept any commission from any person as a consideration for referrals of any clients by such veterinary physiotherapist to such person; |
| (b) | Share with any person, fees charged for a service unless:— |
| (i) | Such sharing is commensurate with the extent of such other person's participation in the rendering of the service concerned; or |
| (ii) | He/she is a veterinary physiotherapist or veterinary professional or para-veterinary professional associated with the veterinary physiotherapist as a partner, shareholder or employee. |
| (c) | Charge or accept any fee for the same procedure from both the referring veterinarian and the owner of the animal. |
| (2) | The provisions of Rule 4(1) shall not be so construed as to prohibit a veterinary physiotherapist:— |
| (a) | From introducing a loyalty scheme for a particular veterinary physiotherapy facility, provided that the loyalty scheme, including discount, does not include the payment of money; |
| (b) | From paying to a debt collection agency any commission in respect of debts which are collected by such agency on his/her behalf; or |
| (c) | From accepting any royalty or similar compensation in respect of an article or product to which he/she holds the patent rights. |
| (d) | From entering into a franchise, license or similar agreement where the franchisor, licensor or the like is a person not registered with Council, subject to the following: |
| (i) | Income (all income generated by that veterinary physiotherapy facility) had to accrue to a person registered with Council (para-veterinary professionals); |
| (ii) | Franchise fees or license fees will be deemed a legitimate business expense, even if those fees are linked to a percentage of the turnover in the veterinary physiotherapy facility, provided that no target for turnover to be achieved is set; |
| (iii) | The agreement must provide that there will be no interference in the running of the practice and/or veterinary physiotherapy decisions and/or or equipment must be purchased, i.e., standards for practice must be maintained, decision making had to be independent and no over-servicing should occur; |
| (iv) | The agreement must provide that the agreement is subject to the Act, the regulations promulgated under the Act, the rules for the para-veterinary profession of veterinary physiotherapist and that any clause in the agreement that is contrary to the Veterinary and Para-Veterinary Act, its regulations and the rules pertaining to the veterinary profession will be invalid and unenforceable; |
| (v) | The agreement must be submitted to Council prior to its signature, to vet it against the Act, the regulations and the veterinary rules to ensure compliance with the Act, the regulations and the rules for the para-veterinary profession of veterinary physiotherapist (no other aspect of the agreement will be vetted, and the veterinary physiotherapist must obtain legal advice of his/her own accord regarding all other aspects of the agreement); and |
| (vi) | A copy of the signed agreement/s must be submitted to Council; |
| (vii) | Any amendments to the agreement/s which may impact on the sharing of fees and/or the autonomy of the veterinary physiotherapist must be submitted to Council for vetting; and |
| (viii) | A copy of the signed amendment must be submitted to Council. |