Differentiation between animal research and veterinary treatment

Introduction

This guideline aims to assist researchers, veterinarians, and animal ethics committees (AECs) in distinguishing between animal research and veterinary procedures and treatments, including advice on restricted acts of veterinary science. The following NSW legislation is applicable to this guideline:

• Animal Research Act 1985
• Veterinary Practice Act 2003 / Veterinary Practice Regulation 2013
• Prevention of Cruelty to Animals Act 1979

Restricted acts of veterinary science

Restricted acts of veterinary science include procedures such as surgery, medical treatment, diagnostic tests, and other interventions typically requiring veterinary qualifications, as outlined in section 4 of the Veterinary Practice Regulation 2013. It is an offence under section 9 of the Veterinary Practice Act 2003 for a person to do a restricted act of veterinary science unless they are a registered veterinary practitioner in NSW or otherwise authorised by the legislation. This includes a person that holds an animal research authority that permits the holder to do restricted acts of veterinary science and the holder is acting in accordance with the conditions of that authority. This means that researchers may undertake restricted acts of veterinary science when acting under an animal research authority issued following approval by an AEC for the relevant research project.

However, any deviation from activities approved under a research project for “veterinary treatment” that is a restricted act of veterinary science must involve a registered veterinarian, with the welfare of the animal taking precedence over research objectives. It is therefore essential for researchers, veterinarians, and AECs to understand the distinction between “animal research” and “veterinary treatment” to make informed decisions when considering research protocols and caring for animals used in research or teaching.

Animal research vs. veterinary treatment

Definitions

Animal research

The term “animal research” is defined in section 3 of the Animal Research Act 1985:

animal research means any procedure, test, experiment, inquiry, investigation or study in connection with which an animal is used and, without limiting the generality of the foregoing, includes any procedure, test, experiment, inquiry, investigation or study in the course of which—

(a)  an animal is subjected to—

(i)  surgical, medical, psychological, biological, chemical or physical treatment,

(ii)  abnormal conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding,

(iii)  abnormal dietary conditions, or

(iv)  electric shock or radiation treatment, or

(b)  any material or substance is extracted or derived from the body of an animal,

but does not include any procedure, test, experiment, inquiry, investigation or study which is carried out in the course of—

(c)  the administration of veterinary treatment to an animal for the purpose of protecting the welfare of the animal, or

(d)  the conduct of normal animal husbandry operations.

Veterinary treatment

The term “veterinary treatment” is not defined in the Animal Research Act 1985, but the definition provided in section 4 of the Prevention of Cruelty to Animals Act 1979 can be used for additional guidance:

veterinary treatment, in relation to an animal, means—

(a)  medical treatment of a prophylactic or therapeutic nature carried out upon the animal by, or in accordance with directions given in respect of the animal by, a veterinary practitioner, or

(b)  surgical treatment of a prophylactic or therapeutic nature, or sterilisation, carried out upon the animal by a veterinary practitioner, or

(c)  a veterinary diagnostic procedure carried out on the animal by a veterinary practitioner, or

(d)  a veterinary consultation undertaken in respect of the animal by a veterinary practitioner.

Primary purpose of the activity as a decision-making criterion

In assessing whether an activity constitutes animal research, or if it meets the exemption provided under the Animal Research Act 1985 for veterinary treatment, its primary purpose should be considered:

Animal research:

If the primary purpose is to generate new knowledge (e.g., testing a treatment’s efficacy), it is more likely to be considered “animal research”. Indicators include:

• Data collection for analysis or publication
• Induced conditions for study purposes
• Controlled environments
• Increased monitoring beyond standard clinical practice
• Comparison of different treatment regimens (even if these are accepted clinical practice for naturally occurring conditions)
• Assessment of novel/off-label treatments

Veterinary treatment:

If the primary purpose is to alleviate disease, pain, or distress in an individual animal’s best interest, it is more likely to be considered “veterinary treatment”. Indicators include:

• Immediate risk to an animal’s welfare without intervention
• Use of accepted diagnostic or treatment methods
• Decision-making based on clinical judgment rather than experimental design

Published by the Department of Primary Industries and Regional Development

Title: Animal Research Review Panel Policy 6

Subtitle: Differentiation between animal research and veterinary treatment

First published: 28 May 2014

Department reference number: D25/4003

Acknowledgements:

Animal Research Review Panel