Law and ethics (SA18) Flashcards
What is law?
- Body of principles recognised and applied by the state in administration of justice (Wong ‘93)
- Provides ‘just’ system of punishment and system for redress against wrongdoing
What are the 2 types of law?
- Criminal Law
- Civil law
What is criminal law?
Concerned with punishment of offences by the state
What are the 3 types of criminal offence?
- Summary (Minor)
- Triable either way (Intermediate)
- Indictable (Serious)
How are most crimes defined?
- By statutes or acts of parliament
What are the most common statutes relevant to the veterinary profession and what offence would a breach of these result in?
- The Veterinary Surgeons Act 1966
- Animal Welfare Act 2006
- Data Protection Act 2018
- Public Interest Disclosure Act 1998
Breach = Summary offence
What are the ‘Legal Redress’ in summary offences?
- Fines
- Community service
- Probationary periods
What does The Veterinary Surgeons Act 1966 define?
Defines veterinary surgery and who may practice within the UK
- Diagnosis of diseases and injuries of animals
- Giving advice based on diagnosis
- Medical or surgical operations on animals
Schedule 3 amendment
Who are veterinary nurses?
VETERINARY NURSE
- A person whose name is entered onto the register upheld by the RCVS
STUDENT NURSE
- Enrolled for purpose of undergoing training as a veterinary nurse at an approved training centre
What are the limitations of Schedule 3?
- RVNs must consider own personal scope of competence before undertaking any task
- VS must consider this before delegating
- Schedule 3 is under review to make amendment clearer and more defined
What is civil law?
- Concerned with harm or loss suffered by an individual, because of crime or failure to fulfil obligations towards another person
- Breach of duty of care
What are the most common civil actions in the veterinary practice?
- Breach of contract
- Trespass (Interfere with someones property)
- Negligence
What is the legal redress in civil cases?
- Financial - Compensation, damages
- Prohibitive - injunction to prevent continuing work
- Civil case decisions work on the balance of probability
What courts do which crimes go through?
CRIMINAL
- Magistrates court
- Crown court
- Court of appeal
- Supreme court
CIVIL
- County court
- High court of justice
- Court of appeal
- Supreme court
What is statutory regulation?
As required by law
- RCVS as set out in VSA 1966
- VS
What is voluntary regulation?
Code of practice is chosen
Not essential in law
- RVNs
What is regulation?
- Professionalism and responsibility
- Guidelines or rules of conduct
- Protection for those using professional services
What is the royal charter?
- 2015
- Resulted in VN profession in UK becoming regulated
- Able to be disciplined by RCVS if break code of conduct
When did schedule 3 happen?
2001
What is self regulation?
- RCVS
- Policed by members
- Can be less transparent
What is government/state regulation?
- Regulated by government
- Members are not practising in same industry
- EG Ofcom for TV
- More transparent as no bias
What is meant by transparency in relation to regulation?
Public can access information
What is a council within a regulatory body?
- Governed by law
- Can be responsible for more than one industry
What is the VN council?
- NOT A COUNCIL as no regulatory powers to change rules
- ACTUALLY A COMMITTEE
- 6 elected RVNs
- 2 VSs
- 4 Lay members
- 2 Appointed (by council) RVNs
- Take suggestions to RCVS for changes
Why are lay members included in the VN council?
- Balanced view
- 4/14
- Better regulations task force 1997
What members make up the RCVS council?
24 members
- 13 VSs
- 2 RVNs
- 6 Lay members
- 3 representative from vet schools
- Chief vet officer
What statutory committees must every regulatory body have?
- Preliminary investigation committee
- Disciplinary committee
- Registrations appeals committee
What are examples of some non-statutory committees regulatory bodies may have?
- Advisory
- Education
- Examination
- External affairs
- Finance and general purpose
- Nominations
- Specialisation and further education
- VN council
What is the role of regulatory bodies?
- Control/maintain register
- Set standard of education, practice, conduct
- Maintains standards - disciplinary, CPD
- Advise
What are the stages of RCVS diciplinary framework?
STAGE 1 ASSESSMENT + INVESTIGATION
- Close case
- Close case with advice
- Referral to stage 2
STAGE 2 RVN PRELIMINARY INVESTIGATIONS COMMITTEE
- Close case
- Close case with advice
-
STAGE 3 DISCIPLINARY COMMITTEE
-
What are the possible sanctions of stage 3 disciplinary committee?
- Reprimand or warning
- Suspension up to 2 years
- Removal from register - May reapply after 10 months for possible reinstatement
What are the stages of Benner’s clinical competence?
NOVICE
- No experience, follows universal rules to complete tasks
ADVANCED BEGINNER
- Marginally acceptable performance, notice recurring situational components of tasks
COMPETENT
- 2-3 years experience, sees actions as part of long term plans, lacks speed and flexibility
PROFICIENT
- Perceives situations as a whole, knows what to expect
EXPERT
- No longer relies on rules, huge amount of experience, deep understanding of whole situation
What is ethics?
Study of what is valued by humans in their conduct with others, including animals.
What does ethics enable us to do?
- Consider value of actions rather than behaviour
What is the difference between morals and eithics?
MORALS
- It’s wrong to hit a dog
- Is decision good or bad / right or wrong
ETHICS
- Important to consider why it’s wrong to hit a dog
- Philosophy to explain what is right or wrong
Define utilitarianism
Weighing up pros and cons
- Decisions based on outcomes of actions
- Consequences strive for best possible for all involved
- Greatest good for greatest number
Define deontology
Following the rules
- Duty-based theory
- Certain duties must be performed regardless of consequences
- Rules must be followed no matter what.
Define virtue
Being a good person
- Concentrates on character
- Should act as virtuous person would
- Useful when considering perceived actions
What parts of a situation is considered within ethics?
- Why was a decision made?
- What conflicts there may be
- Respect is necessary
- Be open to discussion
What are some negative aspects of utilitarianism?
- May not agree on what harm or benefit is
- Difficult to weigh up unequal items
- Difficult to predict the outcome of actions
- Individual rights rarely considered
Who founded utilitarianism?
Jeremy Bentham (1748-1832)
- Considered happiness linked to pleasurable experiences and absence of pain
How can utilitarianism be useful in animal welfare?
- Allows animals to be considered within ethical calculus
Who founded deontology?
Immanuel Kant (1724-1804)
What other considerations are needed with deontology?
- Consequences are not thought of
- Can encompass individual rights as often in laws or professional codes
- Choosing rule applicable for all situations is difficult
- Rules may conflict with others
What is a consideration with virtue ethics?
People have different opinions on what is right or virtuous
How would each of the 3 ethical theories respond to the question of if they should hit a dog?
UTILITARIANISM
- Consider the consequences of hurting dog
DEONTOLOGY
- Have a duty not to harm dog and follow this
VIRTUE
- Virtuous person has respect for living things so would not hurt an animal
What are the general principles of medical ethics?
NON-MALEFICENCE
- First do no harm
BENEFICENCE
- Promote good
AUTONOMY
- allow people or animals to be self governing
JUSTICE
- Treat all people and animals fairly
Practical framework for making ethical decisions
- Identify all possible courses of action
- Establish interests of affected parties
- Formulate an ethical decision
- Minimise impact of decision on the animal
How can all possible courses of actions be considered?
- Range from no action
- Through all treatment/diagnostic options
- To euthanasia
How can the interests of all affected parties be established?
- Animal, owner, veterinary profession
- Conflicts are most difficult factor
- Motives may not always be appropriate
- Must consider legal + professional implications
How can an ethical decision be formulated?
- Identify ethical issues involved
- Choose course of action
- Weigh up cost and benefit
- Is the action virtuous?
- Fairness to all points of view
How can the impact of the decision on the animal be minimised?
- Improving analgesia
- Choose drugs with fewer side effects
- Attend to psychological needs of patient
What is informed consent?
- Client has opportunity to consider range of reasonable treatment options
- With fee estimates
- Had significance and main risks explained
3 main parts of informed consent
- Different reasonable treatment options, to go ahead or not are valid. Flank vs midline, extras etc.
- Estimates for all options
- Explain main and significant risks of procedures
What are the 3 ways consent can be expressed that are all valid in the law?
- Written
- Verbal
- Implied - reasonable assumption - Emergency treatment
What are the legal requirements for valid consent?
- Competence - ability to understand, make and verbalise decision
- Sufficient age/maturity
- Capacity - understanding
Mental capacity act 2005
- Client able to understand, retain and weigh up information
- Understand what decision need to make
- Understand consequences of making and not making decision
- Able to communicate their decision
What are some barriers to valid consent?
- Language barrier
- Impairments
- Disabilities
- Mental disorders
Who has the responsibility of gaining informed consent?
- Person admitting patient
- VNs appropriately trained and knowledgeable to give full explanation of procedure. Able to communicate this effectively.
When is treatment without consent okay?
- If delay would adversely affect the animals welfare
What are barriers to consent?
- Cost
- Aftercare
- Lack of understanding
- Time and training of staff
- Religious beliefs
- Emergency situations
- Unethical practice
- Past experiences
When was the Animal Welfare Act enforced?
2007
What 2 questions did Dawkins (2004) suggest can determine animal welfare?
- Do they have what they want?
- Are they healthy
Broom (1986) definition of animal welfare
- Welfare = state regarding attempts to cope with environment
- If having difficulty coping/failing to cope then welfare regarded as poor
Basic meaning of welfare?
No unnecessary suffering as classed as cruelty
- Would be breach of Animal Welfare Act and criminal offence
Animal welfare vs ethics
- Welfare assessment should be scientific/logical
- Welfare assessment can be used to influence ethical decisions
How does the AWA (2006) set out to prevent cruelty?
- Not only punish cruelty but prevent it
- Inspectors, education, improvement notices
What are the 5 welfare needs?
- Need for a suitable environment
- Need for a suitable diet
- Need to be able to exhibit normal behaviour patterns
- Need to be housed with or apart from other animals
- Need to be protected from pain, suffering, injury, disease
What areas does the Animal Welfare Act cover?
- Companion animals
- Farming
- Research
- Zoos
- Import/Export
What does section 9 of the Animal Welfare Act introduce?
- Duty of care on owners to ensure welfare needs are met at all times
- Allows for improved education/advisory measures imposed before any suffering occurs
What 2 things are considered when regarding quality of life?
AFFECTIVE STATES
- Emotions/feelings
- Fear, pain, hunger, distress
NATURAL LIFE
- Exhibiting natural behaviour
Anthropomorphism - can only make educated guess at animal perceptions
Quality of life scale for hospice animals (Villalobos and Kaplan 2008)
- 7 criteria, scored between 0-10
- Hurt, Hunger, Hydration, Hygiene, Happiness, Mobility, More good days than bad
- Total score - Over 35 = acceptable life quality
Animal welfare in veterinary profession
- Duty of care to patients
- Should be advocate for them
- Communication is key to avoid conflict with owners and colleagues
Animal Welfare act and fishing
Protects owned fish but does not cover ‘normal course of fishing’
Animal Welfare Act and protected animals
Animals protected under the AWA are
- Commonly domesticated animals
- Not living in wild state
- Under control of person/owned
Animal Welfare Act and mutilation
Prohibits procedures interfering with sensitive tissues or bone structure other than for medical purposes
- Does not apply to docking tails
Animal Welfare Act and tail docking
- Forbids docking of dogs tail other than for medical purposes
- ‘Certified working dogs’ no older than 5 days old can have their tail docked
- Offence to show a dog at event where MOP pay entry fee if tail is docked
Animal Welfare Act and persons under 16
Offence to sell animal to a person under 16 years of age
Animal Welfare Act and powers relating to animal in immediate distress or likely to suffer if action not taken
- Inspector or constable can take steps to alleviate suffering
- Includes ‘destruction’ on vet advice
- Can ‘destroy’ without vet advice in some circumstances; ‘no reasonable alternative’
- Subjective
