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Professional Studies 4 > Jurisprudence > Flashcards

Jurisprudence Flashcards

(80 cards)

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1
Q

What is law?

A

Rules or precedents regarding relationships
Imposed by parliament/court
Enforced by courts

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2
Q

What is criminal law? What is civil law?

A

Criminal law - between state and subjects
Civil law - Subject to subject

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3
Q

What is ethics?

A

Branch of philosophy
System of moral beliefs
Concepts of right and wrong

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4
Q

What is professional conduct?

A

The expectations on members imposed and enforced by the profession’s governing body - RCVS

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5
Q

What is the act that governs the veterinary profession?

A

The Veterinary Surgeons’ Act 1966

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6
Q

What is the Veterinary Surgeons act 1966? What is it for?

A

An act for the registration of vets
For regulating professional education (quality)
For regulating professional conduct
For cancelling/suspending registration in cases of misconduct

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7
Q

What is the purpose of the Veterinary Surgeons Act 1966?

A

To protect public/animals

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8
Q

What is Veterinary surgery according to the Veterinary Surgeons Act 1966?

A

The diagnosis of diseases
The giving of advice
The medical or surgical treatment of animals
The performance of surgical operations on animals

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9
Q

What do you need for a practical right to practice?

A

Qualification
Registration
Maintain your name on the register

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10
Q

What do you need to do before joining the register?

A

Declare any cautions, convictions or adverse findings

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11
Q

What are some RCVS areas of jurisdiction on professional conduct?

A

If convicted of a criminal offence
Disgraceful conduct in any professional respect
Fraudulently entered in the register

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12
Q

What are vets covered by in the veterinary profession regarding criminal convictions and what does this mean?

A

Notifiable Occupations Scheme - convictions are disclosed directly by the police to the RCVS

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13
Q

What are some examples of ‘unfit to practice’ convictions?

A

Fraud
Prescribing offences
Animal welfare offences
Smuggling animals
Serial offences of violence/drunken behaviour

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14
Q

How does the RCVS look into complaints?

A

Are REQUIRED to investigate them
Preliminary investigation committee - stops silly complaints
Disciplinary committees - if deemed serious enough

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15
Q

What is considered serious professional misconduct?

A

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

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16
Q

What is the most common offence of professional misconduct?

A

False certification

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17
Q

What are the RVCS allowed to do in professional misconduct investigations?

A

May contact/interview people involved
May visit practice
May get external solicitors taking formal statements

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18
Q

What does the preliminary investigation committee do?

A

Consider whether there is a realistic prospect of proving serious professional misconduct

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19
Q

What does the disciplinary committee do?

A

Formal public hearings
Veterinary defence society (insurance) is involved
Under oath
Both side are represented by council (barristers)

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20
Q

How are disciplinary hearings judged?

A

The highest civil standard of living proof - ‘so as to be sure’
(equivalent to ‘beyond reasonable doubt’ in criminal law)

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21
Q

What are the different sanctions that can be given by the RCVS?

A

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

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22
Q

What are the five principles of practice in the Code of professional Conduct for vets?

A
  1. Professional competence
  2. Honesty and integrity
  3. Independence and impartiality
  4. Client confidentiality and trust
  5. Professional accountability
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23
Q

Who do vets have professional responsibilities towards?

A

Animals
Clients
The profession
The veterinary team
The RCVS
The public

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24
Q

What professional responsibilities do vets have towards animals?

A

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

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25
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
26
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
27
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
28
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
29
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
30
What is the definition of a certificate?
A written statement made with authority
31
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
32
What are the two things that deliberate false certification can constitute alongside professional misconduct?
A criminal offence Negligence
33
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
34
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
35
What principle of practice does deliberate false certification fall under?
Dishonesty - honesty and integrity
36
What are the 4 Cs of certification?
Caution Clarity Certainty Challenge
37
What does caution mean in the 4 Cs?
Scrutinise every document Be clear about who you are responsible to when signing
38
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
39
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
40
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
41
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
42
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
43
How long is a written prescription for a controlled drug valid for?
28 days
44
How long is a written prescription for a normal drug valid for?
6 months
45
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
46
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)
47
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)
48
What is schedule 4 of the veterinary medicines regulations?
Administration of a veterinary medicinal product outside the terms of marketing authorisation - the cascade
49
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
50
What do you need to do to use the cascade?
Get client consent, preferably in writing
51
What criteria is counted as 'not enough' to be able to use the cascade?
Financial criteria alone - not enough to use the cascade
52
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
53
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
54
What must importation of veterinary medicinal product be accompanied by?
Certificate granted by Secretary of State
55
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
56
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
57
When can vets disclose information about a client/clients animal?
If client gives permission Or if animal welfare/public interest are compromised
58
How must vets gain consent?
Must be informed consent Client must read consent form Explain all reasonable (material) facts
59
What does 'informing' constitute?
Spectrum of treatment options and pros and cons of each
60
What should you do if you see persistantly poor practice?
Whistleblow - encouraged and supported RCVS professional conduct department - anonymous
61
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
62
What must a vet do when taking over a case?
Supersession - inform the colleague in question Obtain a clinical history
63
What are vet students allowed to do?
Examine animals Carry out diagnostics under 'direction' Treatment under 'supervision' Surgery under 'direct and continuous personal supervision'
64
What does direction mean?
Instruction given but vet not required to be present
65
What does supervision mean?
Vet is present on premises and able to respond to request for assistance
66
What does direct and continuous personal supervision mean?
Vet is present and giving student undivided and personal attention
67
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
68
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
69
What treatments can registered vet nurses do?
Any medical treatment Any minor surgery that is not involving entry into a body cavity
70
When is physiotherapy for animals allowed?
Only provided vet has diagnosed condition and referred animal for physio
71
Who can perform euthanasia?
Anyone can perform euthanasia provided it is done humanely
72
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
73
Who can grant consent when no owner is available?
A police officer Or record all circumstances supporting the decision
74
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
75
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)
76
What are animals regarded as by the law?
Things - personal property - means dont get an award for any emotional consequences Market value is minimal
77
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
78
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
79
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
80
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

Professional Studies 4 (10 decks)

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