Law and Ethics 2 Flashcards
What is Animal Welfare
Protecting animals welfare. Including their physical health, mental wellbeing and preventing them from disease, pain and injury.
What is quality of life?
Measured by an animals…
Affective states- Emotions and feelings.
Biological function - Health, growth, behaviour and development.
Natural behaviour- Ability to lead a normal life.
Veterinary Surgeons Act 1966
Regulates veterinary surgeons and the veterinary profession including regulating education, professional conduct and practice of veterinary surgery and who can perform it.
Veterinary surgeons act (sch 3) Amendment order 2002.
exceptions
-Anyone can provide emergency first aid care to preserve life or relieve pain and suffering.
-Allowing owners and animal employees to administer minor medical treatment.
-Paragraph 6 and 7- states medical tx and minor surgery (except entry into a body cavity) can be performed as long as it is under a VS direction and patient is under their care.
Animal Welfare act 2006
Provides guidelines on protecting animal welfare in order to prevent cruelty and suffering. It outlines what actions are required from animal owners/carers as part of their duty of care to ensure welfare needs are met.
Animal welfare section 4,5,6,7,8.
- Unnecessary suffering
- Mutilation
- docking of tails.
- Administering poisons
- Fighting.
Contract Legislation
Refers to the agreement made between stakeholders when an offer is considered and accepted and these obligations are recognised by law.
Tort of Negligence
Civil Law- . Where the duty of care has not been met resulting in the suffering of another. The actions of an individual did not take proper care to avoid what a reasonable person would regard as a foreseeable risk.
Tort of Trespass
Civil Law- Involves doing something to a patient that an owner did not consent to.
Metal Capacity Act 2005
States that ‘A client is not competent to make a decision for themselves, if at the time of the material are suffering from an impairment of the brain or mind’
Public Interest disclosure Act 1998
Protect those people who have whistle blown from discrimination or detrimental treatment from their employer.
Act of parliament
Medicines act 1968
responsible for the licencing, supplying and administration of medicines
Misuse of drugs act 2001
Regulate the storage and supply of controlled drugs and their legitimate use.
Health and Safety at work Act 1974
Regulates and guides H+S at work ensuring people are safe to perform their duties at work
Working time regulations 1998
Regulates working hours
What is criminal law
Criminal Law- offences committed against the state which are punishable by law.
What is civil Law
Civil Law- offences committed against one entity to another and where compensation is sought.
Statute law
Laws written into legislation
Common law?
Law based on court decisions
Duty of care and reasonableness
Obligations to protect the safety and wellbeing of another. Which includes reasonableness of good judgement and fairness to ensure duty of care is provided fairly and equally
What is professional competence
Working at an acceptable level and keeping up to date with knowledge and skills.
-professional behaviours
-skills
-knowledge
What is serious misconduct
Actions that do not meet standards of conduct or performance expected.
Bringing the profession in disrepute.
Treatment seriously deficient and justify sanctions or disciplinary.
What is the purpose of the medicines Act 1968
Regulates licensing, supply and administration of medicines
What is the purpose of the misuse of drugs regulations 2001
Regulate the storage and supply of controlled drugs and their use.
Fraud Act 2006
Criminal act of fraud and obtaining services dishonestly.
The Veterinary Medicines Directorate (VMD) is responsible for…
regulating the use and manufacture of veterinary medicines
What is the Veterinary Client mediation services?
VCMS uses mediation to resolve disputes between veterinary professionals and their clients.
Through the RCVS where do you report an individual for misconduct
‘Raise a concern’
Where could you go for advice and help when considering your actions regarding an ethical dilemma
Internally
RCVS
Citizes Advice bureau
Veterinary defence Society
BVNA
Public concern at work
What does the veterinary defence society do
Give legal council to veterinary professionals
Key points of the Supplementary Royal charter 2015 (regarding veterinary nurses.
Set and maintain standards of veterinary practice- keeping it relevent and promoting the safeguarding of animal welfare and the public interest
Recognising veterinary nurses as a profession.
What is clinical governance
Continuing process of reflection, analysis and improvement.
CPD
Team meetings
Clinical audits
Public interest disclosure act 1998
Protects whistle blowers from being treated unfairly by their employers
RCVS can deal with what 3 types of disciplinary cases
-fraudulent registration
- criminal conviction
- allegations of misconduct
what is whistleblowing?
Raising a concern about a colleagues wrong doings, malpractice or misconduct.
Why blow the whistle?
Obligation to the profession, animals and the public.
Reasons not to whistleblow.
Concerns may be ignored
negative personal comeback (bullying, dismissal, unfair treatment)
Whistleblower must follow certain protocols.
Risk damaging the practice or industry.
If you do nothing about reporting an ethical concern
No improvement.
failed in their professional responsibilities.
how to go about reporting misconduct or unethical practice
Dont report
report internally- PM or senior member of staff
Report to governing body RCVS
Go public- RSPCA/Police/ Newspaper.
Where can you go for advice before reporting an ethical dilemma
Internally
RCVS
Citizens Advice bureau
Veterinary defence Society
BVNA
Public concern at work (whistleblowing charity)
What is clinical governance
Continuing process of reflection, analysis and improvement in professional practice.
CPD, Meetings, clinical audits.
What is the Practice standards scheme
Aims to regulate and maintain standards of practice and customer service
Benners 5 levels of proficiency
Novice
Advanced beginner
Competent
Proficient
Expert
Describe Benners level of proficiency.
Novice
Year 1 student
No previous experience.
Some knowledge but lack confidence.
Assistance and support needed
cannot use own judgment
Describe Benners level of proficiency.
Advanced beginner
Over 1 year experience
some experience in similar situations and can perform acceptably
Skillful in some areas.
May need occasional support
Describe Benners level of proficiency.
Competant
2-3 years (newly qualified RVN)
Efficient and coordinated
Can respond to many clinical situations,
May not be able to see the overall picture
Describe Benners level of proficiency.
Proficient
3-5 years experience
See situations as a whole
Multitask and address challenges quickly
Describe Benners level of proficiency.
Expert
Extensive experience and knowledge and deep understanding of veterinary practice.
Understand complex clinical scenarios
respond instinctively
CoPC delegation to VNs
VS surgeon must ensure
VN is competent
VN is registered
SVN on approved training course
SVN skills consolidation and training
SVN under supervision
SVN (surgery) direct, continuous supervision.
RCVS Professional Conduct Department
Where you start to raise a concern with the RCVS.
Confidentiality can only be breached if
Public or animal health concern or consent from owner has been given.
RCVS Complaints procedure.
Stage 1
-Case manager assigned by the Professional Conduct Team Complaint.
Stage 1 (Preliminary Investigation committee) assessment and investigation.
- Checks if realistic prospect and sufficient evidence of professional misconduct
- talk to stakeholders
-assess if further investigation needed.
-Close case/Close case with formal advice.
RCVS Complaints procedure.
Stage 2
Stage 2 (Preliminary Investigation committee)
-assess complaint and evidence.
-request further evidence
- Checks if professional misconduct effects fitness to practise.
- talk to stakeholders
-Close case/Close case with formal advice/ hold case open up to 2 years.
RCVS Complaints Procedure
Stage 3
If in the public interest progress to stage 3.
Disciplinary Committee.
Public hearing
determine guilty, misconduct and faces formal action.
no- written confirmation of reason
yes-struck off, suspended, repremand.
Level of proof required in an RCVS disciplinary case
‘so as to be sure’
5 welfare needs
Needs for suitable environment
Need for suitable diet
Need to be housed or away from other animals.
Need to be protected from pain, injury or suffering.
Need to exhibit natural behaviour.
How is negligence established
- There is a duty of care.
2.that the duty of care has been breached. - that the breach has resulted in damage that was reasonably foreseeable.
6 CoPC VNs Professional responsibilities
to animals
to clients
to the profession
to the Veterinary team
to the RCVS
to the Public
5 principles of practice
Professional competence
Honesty and integrity
Independence and impartiality
Client confidentiality and trust
Professional accountability
CoPC VNs Professional responsibilities to animals
(7 key points)
- make animal health and welfare their first consideration
- keep within their own area of competency.
- provide appropriate and adequate care.
-provide emergency first aid and pain relief according to skills - administer medicines must do so responsibly
-communicate with team to ensure the H&W of the animals. - clinical governance
CoPC VNs Professional responsibilities to clients
(7 key points)
- be open and honest & respect their needs and requirements.
- provide independent and impartial advice
- provide info about the practice, costs and medicines.
- communicate effectively, ensure informed consent obtained.
-keep clear, accurate records.
-must not disclose information about a client to a third party. - respond to complaints about them.
CoPC VNs Professional responsibilities to the Profession
(5 key points)
- Address adverse physical or mental health or performance that could impair fitness to practise.
- ensure animals are not put at risk due to collegues fitness to practice.
- CPD/PSP
-professional indemnity insurance - hold out themselves or others as having expertise they cannot substantiate
CoPC VNs Professional responsibilities to Veterinary Team
(5 key points)
- work with team & business, to co-ordinate the care of animals
- delegate tasks to those competent and registered.
-maintain minimum practice standards
-Not impede professional colleagues seeking to comply with legislation
-communicate effectively
CoPC VNs Professional responsibilities to RCVS
(5 key points)
- RCVS register
- PSP and CPD records
- disclose caution or convictions
-comply with RCVS regulation - Report those removed from the register.
CoPC VNs Professional responsibilities to the Public
(5 key points)
- ensure protection of public & animal HandW, consider the impact on the environment.
-10 Principles of Certification
-promote products/services professionally. - comply with legislation
- not engage in any activity or behaviour likely to bring the profession into disrepute or undermine public confidence.
