Jurisprudence Flashcards
What is law?
Rules or precedents regarding relationships
Imposed by parliament/court
Enforced by courts
What is criminal law? What is civil law?
Criminal law - between state and subjects
Civil law - Subject to subject
What is ethics?
Branch of philosophy
System of moral beliefs
Concepts of right and wrong
What is professional conduct?
The expectations on members imposed and enforced by the profession’s governing body - RCVS
What is the act that governs the veterinary profession?
The Veterinary Surgeons’ Act 1966
What is the Veterinary Surgeons act 1966? What is it for?
An act for the registration of vets
For regulating professional education (quality)
For regulating professional conduct
For cancelling/suspending registration in cases of misconduct
What is the purpose of the Veterinary Surgeons Act 1966?
To protect public/animals
What is Veterinary surgery according to the Veterinary Surgeons Act 1966?
The diagnosis of diseases
The giving of advice
The medical or surgical treatment of animals
The performance of surgical operations on animals
What do you need for a practical right to practice?
Qualification
Registration
Maintain your name on the register
What do you need to do before joining the register?
Declare any cautions, convictions or adverse findings
What are some RCVS areas of jurisdiction on professional conduct?
If convicted of a criminal offence
Disgraceful conduct in any professional respect
Fraudulently entered in the register
What are vets covered by in the veterinary profession regarding criminal convictions and what does this mean?
Notifiable Occupations Scheme - convictions are disclosed directly by the police to the RCVS
What are some examples of ‘unfit to practice’ convictions?
Fraud
Prescribing offences
Animal welfare offences
Smuggling animals
Serial offences of violence/drunken behaviour
How does the RCVS look into complaints?
Are REQUIRED to investigate them
Preliminary investigation committee - stops silly complaints
Disciplinary committees - if deemed serious enough
What is considered serious professional misconduct?
Disgraceful conduct in any professional respect
Causing serious harm (or risk of serious harm)
Serious departure from professional standards (code of conduct)
Violence/sex offence/attitude problem
Dishonesty
What is the most common offence of professional misconduct?
False certification
What are the RVCS allowed to do in professional misconduct investigations?
May contact/interview people involved
May visit practice
May get external solicitors taking formal statements
What does the preliminary investigation committee do?
Consider whether there is a realistic prospect of proving serious professional misconduct
What does the disciplinary committee do?
Formal public hearings
Veterinary defence society (insurance) is involved
Under oath
Both side are represented by council (barristers)
How are disciplinary hearings judged?
The highest civil standard of living proof - ‘so as to be sure’
(equivalent to ‘beyond reasonable doubt’ in criminal law)
What are the different sanctions that can be given by the RCVS?
1 - No action after conviction
2 - Postponement of judgement
3 - Reprimand/warning as to future conduct
4 - Suspension from the register (up to 2 years)
5 - Removal from the register
What are the five principles of practice in the Code of professional Conduct for vets?
- Professional competence
- Honesty and integrity
- Independence and impartiality
- Client confidentiality and trust
- Professional accountability
Who do vets have professional responsibilities towards?
Animals
Clients
The profession
The veterinary team
The RCVS
The public
What professional responsibilities do vets have towards animals?
Animal health and welfare 1st priority
Must keep within their own area of competence
Must refer cases responsibility
Must take steps to provide 24 hour emergency first aid, pain relief and care
Must prescribe, supply and administer medicines responsibly
What professional responsibilities do vets have towards clients?
Must be open and honest with clients
Must provide independent and impartial advice
Must provide appropriate information
Must communicate effectively
Must keep clear, accurate and detailed clinical and client records
Must not disclose information about a client or the client’s animals to a third party
Must respond promptly, fully and courteously to clients’ complaints and criticism
What professional responsibilities do vets have towards the profession?
Must address adverse physical or mental health
Must address concerns of colleagues fitness to practice
Must maintain and develop knowledge - CPD
Must have insurance
Must not say you are a specialist if you are not
What professional responsibilities do vets have towards the veterinary team?
Must work together to coordinate the care of animals and delivery of services
Must ensure roles are delegated appropriately to those of the proper role
Must maintain a minimum practice standard – core standard of the RCVS
Must communicate efficiently with their team
What professional responsibilities do vets have towards the RCVS?
Must provide RCVS with PDP/CPD
Must be appropriately registered
must disclose to the RCVS any caution or conviction
Must comply with RCVS requests
What professional responsibilities do vets have towards the public?
Must seek to protect public health, animal health and welfare
Must promote/advise vet products/services in a professional manner
Must comply with legislation
Must not engage in activity that may bring the profession into disrepute
What is the definition of a certificate?
A written statement made with authority
What are some examples of things that are regarded as certificates?
Dont have to specifically called a certificate to count eg.
Forms
Declarations
Insurance claims
Witness statements
Self-declaration documents
What are the two things that deliberate false certification can constitute alongside professional misconduct?
A criminal offence
Negligence