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
When does deliberate false certification count as a criminal offence?
Trade description legislation offences
Animal export legislation offences
Fraud
Aiding and abetting a third party
Supplying false information knowingly
When does deliberate false certification count as negligence?
A breach of the duty owed to a relevant party with consequent damage
Failure to disclose all the material facts
Supplying incorrect information
What principle of practice does deliberate false certification fall under?
Dishonesty - honesty and integrity
What are the 4 Cs of certification?
Caution
Clarity
Certainty
Challenge
What does caution mean in the 4 Cs?
Scrutinise every document
Be clear about who you are responsible to when signing
What does clarity mean in the 4 Cs?
Read and understand any explanatory supporting material
Check carefully for any ambiguity which should be clarified with whoever has issued the certificate
What does certainty mean in the 4 Cs?
Attest only to what you believe to be true
Do not attest to future events
Do not recklessly attest to what others have declared/asserted
May attest to what another vet has certified
What does challenge mean in the 4 Cs?
Vets must consider what their defence would be if challenged
Keep appropriate written records about the decision at the time of signing
What are some specific defences for challenging false certification claims?
Animal Health Act 1981 - Did not know of falsity and could not have found out
Trade Descriptions Act 1968 - The offence was due to a mistake or relying on info from another person and he took reasonable precautions
What are some examples of where deliberate false certification can be done by a vet student?
Certification of attendance
Self cert of ill health
Cert of originality of submitted work
Cert of contribution to group work
How long is a written prescription for a controlled drug valid for?
28 days
How long is a written prescription for a normal drug valid for?
6 months
What must a written prescription include?
Name, address, number, qualification, signature of prescriber
Name, address of owner
Identification, premises of animal/s being treated
Date of prescription
Name and amount, dosage, instructions of product prescribed
What are the regulations surrounding veterinary medicinal product (VMP)?
No person may be in possession of an UNAUTHORISED VMP
A vet may have possession of an authorised human VMP intended for administration to animals under the cascade (but need to be limited to expected amount to be used)
When are the only times a person can be in possession of a veterinary medicinal product?
Only if they are a vet or a vet has given them to them (according to schedule 3)
What is schedule 4 of the veterinary medicines regulations?
Administration of a veterinary medicinal product outside the terms of marketing authorisation - the cascade
When can the cascade be used?
If there is no authorised veterinary medicinal product for a condition then the vet can treat an animal under the cascade to avoid unacceptable suffering
If the authorised drug is judged to be ineffective
If need a different dose to recommended dose
If client cant give authorised medicine
Product unavailable
What do you need to do to use the cascade?
Get client consent, preferably in writing
What criteria is counted as ‘not enough’ to be able to use the cascade?
Financial criteria alone - not enough to use the cascade
What animals can you administer products without a marketing authorisation to if it complies with the cascade?
Aquarium animals
Cage birds
Ferrets
Homing pigeons
Rabbits
Small rodents
Terrarium animals
When are the only times you can import a veterinary medicinal product?
Only under the cascade
If it is authorised in another member state
Not if cheaper or more available
What must importation of veterinary medicinal product be accompanied by?
Certificate granted by Secretary of State
What are the penalties if a person is found guilty of an offence under the veterinary medicines regulations 2013?
A fine
Imprisonment - for 6 months or less if summary convicted or 2 years if on indictment
How must vet advertise vet products and services?
In a professional manner
No cold calling
No POM-V brand advertising unless requested
Must provide educational/factual content rather than endorsement
When can vets disclose information about a client/clients animal?
If client gives permission
Or if animal welfare/public interest are compromised
How must vets gain consent?
Must be informed consent
Client must read consent form
Explain all reasonable (material) facts
What does ‘informing’ constitute?
Spectrum of treatment options and pros and cons of each
What should you do if you see persistantly poor practice?
Whistleblow - encouraged and supported
RCVS professional conduct department - anonymous
When should you refer a case?
Refer sooner rather than later if the case is beyond your abilities or not progressing despite the correct approach
Provide referral centre with written into on case in advance of case arriving
What must a vet do when taking over a case?
Supersession - inform the colleague in question
Obtain a clinical history
What are vet students allowed to do?
Examine animals
Carry out diagnostics under ‘direction’
Treatment under ‘supervision’
Surgery under ‘direct and continuous personal supervision’
What does direction mean?
Instruction given but vet not required to be present
What does supervision mean?
Vet is present on premises and able to respond to request for assistance
What does direct and continuous personal supervision mean?
Vet is present and giving student undivided and personal attention
How do you avoid complaints?
Good communication
Speak directly to clients
Explain without jargon
Do not assume scientific knowledge
Listen to client
Keep a record of discussions
What treatment can non-vets do when they would otherwise be considered surgery?
Castration of a male animal
Docking lambs tail
Amputation of dew claws of a dog before its eyes are open
Calf disbudding/any other surgery if under vet supervision
What treatments can registered vet nurses do?
Any medical treatment
Any minor surgery that is not involving entry into a body cavity
When is physiotherapy for animals allowed?
Only provided vet has diagnosed condition and referred animal for physio
Who can perform euthanasia?
Anyone can perform euthanasia provided it is done humanely
When are you obliged to euthanase an animal?
Not obliged to euthanase a healthy animal
But if refusal leads to compromised animal welfare then may be liable to prosecution/RCVS disciplinary action
Who can grant consent when no owner is available?
A police officer
Or record all circumstances supporting the decision
When can you tail dock a dog?
If the dog is a certified working dog that is not more than 5 days old
If not then it is an offence to remove any part of a dogs tail for anything other than medical treatment
Or to permit it
What is negligence?
A civil wrong (tort) that requires the existence of a duty of care between parties (vet-client)
Breach of duty
Causation of loss by breach
Loss (damage)
What are animals regarded as by the law?
Things - personal property - means dont get an award for any emotional consequences
Market value is minimal
What is the definition of negligence in the law?
A failure to do something which a reasonable man would do in the circumstances or vice versa
And then that failure results in injury
What is vicarious liability?
The responsibility from your employees being under your direction and control
Bear in mind when you delegate - you are still responsible
How are student fitness to practice concerns investigated?
Mostly by informal discussion
More serious/persistant - referral form to be investigated by a fitness to practise case investigator
What are the sanctions given to vet students if found to have breached fitness to practice?
No action taken
Issue advice or support
Formal warning - majority of cases
Suspension
Expulsion - rare
