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Vet Nurse Small Animal Diploma CQ > Law and ethics (SA18) > Flashcards

Law and ethics (SA18) Flashcards

1
Q

What is law?

A
  • 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
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2
Q

What are the 2 types of law?

A
  • Criminal Law
  • Civil law
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3
Q

What is criminal law?

A

Concerned with punishment of offences by the state

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4
Q

What are the 3 types of criminal offence?

A
  • Summary (Minor)
  • Triable either way (Intermediate)
  • Indictable (Serious)
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5
Q

How are most crimes defined?

A
  • By statutes or acts of parliament
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6
Q

What are the most common statutes relevant to the veterinary profession and what offence would a breach of these result in?

A
  • The Veterinary Surgeons Act 1966
  • Animal Welfare Act 2006
  • Data Protection Act 2018
  • Public Interest Disclosure Act 1998

Breach = Summary offence

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7
Q

What are the ‘Legal Redress’ in summary offences?

A
  • Fines
  • Community service
  • Probationary periods
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8
Q

What does The Veterinary Surgeons Act 1966 define?

A

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

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9
Q

Who are veterinary nurses?

A

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

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10
Q

What are the limitations of Schedule 3?

A
  • 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
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11
Q

What is civil law?

A
  • 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
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12
Q

What are the most common civil actions in the veterinary practice?

A
  • Breach of contract
  • Trespass (Interfere with someones property)
  • Negligence
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13
Q

What is the legal redress in civil cases?

A
  • Financial - Compensation, damages
  • Prohibitive - injunction to prevent continuing work
  • Civil case decisions work on the balance of probability
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14
Q

What courts do which crimes go through?

A

CRIMINAL
- Magistrates court
- Crown court
- Court of appeal
- Supreme court
CIVIL
- County court
- High court of justice
- Court of appeal
- Supreme court

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15
Q

What is statutory regulation?

A

As required by law
- RCVS as set out in VSA 1966
- VS

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16
Q

What is voluntary regulation?

A

Code of practice is chosen
Not essential in law
- RVNs

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17
Q

What is regulation?

A
  • Professionalism and responsibility
  • Guidelines or rules of conduct
  • Protection for those using professional services
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18
Q

What is the royal charter?

A
  • 2015
  • Resulted in VN profession in UK becoming regulated
  • Able to be disciplined by RCVS if break code of conduct
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19
Q

When did schedule 3 happen?

A

2001

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20
Q

What is self regulation?

A
  • RCVS
  • Policed by members
  • Can be less transparent
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21
Q

What is government/state regulation?

A
  • Regulated by government
  • Members are not practising in same industry
  • EG Ofcom for TV
  • More transparent as no bias
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22
Q

What is meant by transparency in relation to regulation?

A

Public can access information

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23
Q

What is a council within a regulatory body?

A
  • Governed by law
  • Can be responsible for more than one industry
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24
Q

What is the VN council?

A
  • 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
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25
Q

Why are lay members included in the VN council?

A
  • Balanced view
  • 4/14
  • Better regulations task force 1997
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26
Q

What members make up the RCVS council?

A

24 members
- 13 VSs
- 2 RVNs
- 6 Lay members
- 3 representative from vet schools
- Chief vet officer

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27
Q

What statutory committees must every regulatory body have?

A
  • Preliminary investigation committee
  • Disciplinary committee
  • Registrations appeals committee
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28
Q

What are examples of some non-statutory committees regulatory bodies may have?

A
  • Advisory
  • Education
  • Examination
  • External affairs
  • Finance and general purpose
  • Nominations
  • Specialisation and further education
  • VN council
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29
Q

What is the role of regulatory bodies?

A
  • Control/maintain register
  • Set standard of education, practice, conduct
  • Maintains standards - disciplinary, CPD
  • Advise
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30
Q

What are the stages of RCVS diciplinary framework?

A

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
-

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31
Q

What are the possible sanctions of stage 3 disciplinary committee?

A
  • Reprimand or warning
  • Suspension up to 2 years
  • Removal from register - May reapply after 10 months for possible reinstatement
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32
Q

What are the stages of Benner’s clinical competence?

A

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

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33
Q

What is ethics?

A

Study of what is valued by humans in their conduct with others, including animals.

34
Q

What does ethics enable us to do?

A
  • Consider value of actions rather than behaviour
35
Q

What is the difference between morals and eithics?

A

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

36
Q

Define utilitarianism

A

Weighing up pros and cons
- Decisions based on outcomes of actions
- Consequences strive for best possible for all involved
- Greatest good for greatest number

37
Q

Define deontology

A

Following the rules
- Duty-based theory
- Certain duties must be performed regardless of consequences
- Rules must be followed no matter what.

38
Q

Define virtue

A

Being a good person
- Concentrates on character
- Should act as virtuous person would
- Useful when considering perceived actions

39
Q

What parts of a situation is considered within ethics?

A
  • Why was a decision made?
  • What conflicts there may be
  • Respect is necessary
  • Be open to discussion
40
Q

What are some negative aspects of utilitarianism?

A
  • 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
41
Q

Who founded utilitarianism?

A

Jeremy Bentham (1748-1832)
- Considered happiness linked to pleasurable experiences and absence of pain

42
Q

How can utilitarianism be useful in animal welfare?

A
  • Allows animals to be considered within ethical calculus
43
Q

Who founded deontology?

A

Immanuel Kant (1724-1804)

44
Q

What other considerations are needed with deontology?

A
  • 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
45
Q

What is a consideration with virtue ethics?

A

People have different opinions on what is right or virtuous

46
Q

How would each of the 3 ethical theories respond to the question of if they should hit a dog?

A

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

47
Q

What are the general principles of medical ethics?

A

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

48
Q

Practical framework for making ethical decisions

A
  • Identify all possible courses of action
  • Establish interests of affected parties
  • Formulate an ethical decision
  • Minimise impact of decision on the animal
49
Q

How can all possible courses of actions be considered?

A
  • Range from no action
  • Through all treatment/diagnostic options
  • To euthanasia
50
Q

How can the interests of all affected parties be established?

A
  • Animal, owner, veterinary profession
  • Conflicts are most difficult factor
  • Motives may not always be appropriate
  • Must consider legal + professional implications
51
Q

How can an ethical decision be formulated?

A
  • Identify ethical issues involved
  • Choose course of action
  • Weigh up cost and benefit
  • Is the action virtuous?
  • Fairness to all points of view
52
Q

How can the impact of the decision on the animal be minimised?

A
  • Improving analgesia
  • Choose drugs with fewer side effects
  • Attend to psychological needs of patient
53
Q

What is informed consent?

A
  • Client has opportunity to consider range of reasonable treatment options
  • With fee estimates
  • Had significance and main risks explained
54
Q

3 main parts of informed consent

A
  • 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
55
Q

What are the 3 ways consent can be expressed that are all valid in the law?

A
  • Written
  • Verbal
  • Implied - reasonable assumption - Emergency treatment
56
Q

What are the legal requirements for valid consent?

A
  • Competence - ability to understand, make and verbalise decision
  • Sufficient age/maturity
  • Capacity - understanding
57
Q

Mental capacity act 2005

A
  • 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
58
Q

What are some barriers to valid consent?

A
  • Language barrier
  • Impairments
  • Disabilities
  • Mental disorders
59
Q

Who has the responsibility of gaining informed consent?

A
  • Person admitting patient
  • VNs appropriately trained and knowledgeable to give full explanation of procedure. Able to communicate this effectively.
60
Q

When is treatment without consent okay?

A
  • If delay would adversely affect the animals welfare
61
Q

What are barriers to consent?

A
  • Cost
  • Aftercare
  • Lack of understanding
  • Time and training of staff
  • Religious beliefs
  • Emergency situations
  • Unethical practice
  • Past experiences
62
Q

When was the Animal Welfare Act enforced?

A

2007

63
Q

What 2 questions did Dawkins (2004) suggest can determine animal welfare?

A
  • Do they have what they want?
  • Are they healthy
64
Q

Broom (1986) definition of animal welfare

A
  • Welfare = state regarding attempts to cope with environment
  • If having difficulty coping/failing to cope then welfare regarded as poor
65
Q

Basic meaning of welfare?

A

No unnecessary suffering as classed as cruelty
- Would be breach of Animal Welfare Act and criminal offence

66
Q

Animal welfare vs ethics

A
  • Welfare assessment should be scientific/logical
  • Welfare assessment can be used to influence ethical decisions
67
Q

How does the AWA (2006) set out to prevent cruelty?

A
  • Not only punish cruelty but prevent it
  • Inspectors, education, improvement notices
68
Q

What are the 5 welfare needs?

A
  • 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
69
Q

What areas does the Animal Welfare Act cover?

A
  • Companion animals
  • Farming
  • Research
  • Zoos
  • Import/Export
70
Q

What does section 9 of the Animal Welfare Act introduce?

A
  • 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
71
Q

What 2 things are considered when regarding quality of life?

A

AFFECTIVE STATES
- Emotions/feelings
- Fear, pain, hunger, distress
NATURAL LIFE
- Exhibiting natural behaviour

Anthropomorphism - can only make educated guess at animal perceptions

72
Q

Quality of life scale for hospice animals (Villalobos and Kaplan 2008)

A
  • 7 criteria, scored between 0-10
  • Hurt, Hunger, Hydration, Hygiene, Happiness, Mobility, More good days than bad
  • Total score - Over 35 = acceptable life quality
73
Q

Animal welfare in veterinary profession

A
  • Duty of care to patients
  • Should be advocate for them
  • Communication is key to avoid conflict with owners and colleagues
74
Q

Animal Welfare act and fishing

A

Protects owned fish but does not cover ‘normal course of fishing’

75
Q

Animal Welfare Act and protected animals

A

Animals protected under the AWA are
- Commonly domesticated animals
- Not living in wild state
- Under control of person/owned

76
Q

Animal Welfare Act and mutilation

A

Prohibits procedures interfering with sensitive tissues or bone structure other than for medical purposes
- Does not apply to docking tails

77
Q

Animal Welfare Act and tail docking

A
  • 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
78
Q

Animal Welfare Act and persons under 16

A

Offence to sell animal to a person under 16 years of age

79
Q

Animal Welfare Act and powers relating to animal in immediate distress or likely to suffer if action not taken

A
  • 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
80
Q
A

Vet Nurse Small Animal Diploma CQ (10 decks)

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