Law, Ethics And Proffesional Practice Flashcards

Question

Schedule 4 and schedule 5 drugs

Answer 1

have no additional special controls Ketamine WAS Schedule 4 Since November 2015 reclassified as Schedule 2 Now subject to full schedule 2 legal requirements Following guidance is for Schedule 2 CDs

Answer 2

Obtained from wholesalers providing a signed prescription has been issued by the requesting veterinary surgeon Must keep requisition records for at least 2 years Schedule 2 or 3 CDs ; written prescription must be signed by the person issuing it which may be hand-written, typed in a computerised form or computer generated. This prescription is only valid for 28 days. Repeat dispenses on the same prescription are not allowed with schedule 2 or 3 drugs Recommended that you keep a copy of a CD requisition to assist in complying with the law on wholesale supply

Answer 3

Complete records of Schedule 2 CDs must be kept in a Controlled Drugs Register (CDR) CDR = either a computerised system or a bound book separated into each class of drug with a separate page for each strength and form of that drug at the top of each page. Loose leaf registers or card index systems are not allowed CDR entries must be In chronological order, made in ink or in a computerised form in which every entry can be audited, and made on the day of the transaction The book must be kept at the premises to which it relates and be available for inspection at any time It must be kept for a minimum of two years after the date of the last entry The CDR must record for all CD purchased and supplied The date supply received, name and address of supplier and quantity received The CDR must record for all CDs administered or supplied The date supplied, name and address of person supplied, details of the authority to possess (prescriber or licence holder’s details) and the quantity supplied

Answer 4

Schedule 2 and Schedule 3 CDs containing buprenorphine must be kept in a locked container which is constructed and maintained to prevent unauthorised access to the drugs and can only be opened by a veterinary surgeon or other authorised person The room housing this container should be lockable and tidy to avoid drugs being misplaced CD container keys should not be kept with keys to other parts of the building The room should not normally be accessible to clients Any returned CDs should not be re-used and should be destroyed according to regulations.

Answer 5

RCVS considers that a veterinary nurse may draw up and administer a CD Provided the veterinary surgeon Prescribed the drug to a specific animal Decided on the dose Authorised that it be drawn up and is confident that the veterinary nurse is competent to draw up and administer the prescribed dose A veterinary surgeon does not need to be present when the drugs are drawn up or administered but the legal responsibility for the supply of the CDs remains with the veterinary surgeon Recommended to have a standard operating procedure SOP sets out Procedure for accessing CDs Protocol for recording their use Suggested access to the CD cabinet limited to authorised individuals within the practice Perhaps 2 ‘responsible persons’ at a time Veterinary nurses may administer CDs out of hours when there is no vet on the premises RCVS advise the veterinary surgeon must prescribe the drug and dose Also consider, before going off duty, drawing up the correct dose, labelling it and leaving it with instructions as to what time it is to be given to a particular patient A veterinary nurse is not able to decide to give a CD or change the dose (i.e. make prescribing decisions) without the instructions of a veterinary surgeon See also the RCVS supporting guidance on delegation to veterinary nurses

Answer 6

The RCVS regulate the profession in accordance with The Veterinary Surgeons Act 1966. Under the provisions of the Act, the RCVS will: Keep the Register of Veterinary Surgeons Supervise undergraduate veterinary surgeon training in the UK Recognise certain qualifications awarded outside the EU Supervise the professional conduct of veterinary surgeons Each of the above areas will be discussed in more detail later in this presentation. The RCVS are the statutory regulator for veterinary surgeons. It is written into the Veterinary Surgeons Act 1966 that the RCVS is responsible for keeping the Register of Veterinary Surgeons eligible to practise in the UK, setting standards for veterinary education and regulating the professional conduct of veterinary surgeons. Under this Act, it is illegal for anyone to call themselves, or practise as a veterinary surgeon in the UK if their name is not held on the RCVS register.

Answer 7

The Veterinary Surgeons Act 1966 (Schedule 3 Amendment) Order 2002 provides that veterinary surgeons may direct registered or student veterinary nurses who they employ, to carry out limited veterinary surgery. Under this Schedule 3 exemption, the privilege of giving any medical treatment or carrying out minor surgery, not involving entry into a body cavity, is given to: Registered veterinary nurses under the direction of their veterinary surgeon employer to animals under their employer's care. The directing veterinary surgeon must be satisfied that the veterinary nurse is qualified to carry out the medical treatment or minor surgery. Student veterinary nurses under the direction of their veterinary surgeon employer to animals under their employer's care. In addition, medical treatment or minor surgery must be supervised by a veterinary surgeon or registered veterinary nurse and, in the case of minor surgery, the supervision must be direct, continuous and personal. The medical treatment or minor surgery must be carried out in the course of the student veterinary nurse's training

Answer 8

Requirements for gaining RCVS accreditation for course provision and/or Awarding Body. Monitoring of accredited course providers and EMS/clinical placement Requirements for EMS and clinical rotations Setting of the Day One Competences (DOC) Minimum requirements for becoming a Member of the Royal College of Veterinary Surgeons, (MRCVS). This also includes vets from overseas who want to work in the UK.

Answer 9

Day One Competences’ are the minimum standards required for registration as a veterinary surgeon with the RCVS. Assessment of the Day One Competences is built into your degree via assignments, examinations, etc.

Answer 10

Owners and keepers have a duty of care to their animals and must make sure they meet their needs: for a suitable environment and place to live for a suitable diet to exhibit normal behaviour patterns to be housed with, or apart from, other animals (if applicable) to be protected from pain, injury, suffering and disease Anyone who does not provide for an animal’s welfare needs may: be banned from owning animals face an unlimited fine be sent to prison for up to 6 months The 2006 Act also sets out offences relating to cruelty and animal fighting. The maximum sentence for these offences is 5 years imprisonment and/or an unlimited fine. Animal cruelty includes: causing unnecessary suffering to an animal mutilation docking the tail of a dog except where permitted poisoning an animal The 2006 Act applies to all vertebrate animals 1)If an inspector or a constable reasonably believes that a protected animal is suffering, he may take, or arrange for the taking of, such steps as appear to him to be immediately necessary to alleviate the animal's suffering. (2)Subsection (1) does not authorise destruction of an animal. (3)If a veterinary surgeon certifies that the condition of a protected animal is such that it should in its own interests be destroyed, an inspector or a constable may— (a)destroy the animal where it is or take it to another place and destroy it there, or (b)arrange for the doing of any of the things mentioned in paragraph (a). (4)An inspector or a constable may act under subsection (3) without the certificate of a veterinary surgeon if it appears to him— (a)that the condition of the animal is such that there is no reasonable alternative to destroying it, and (b)that the need for action is such that it is not reasonably practicable to wait for a veterinary surgeon. (5)An inspector or a constable may take a protected animal into possession if a veterinary surgeon certifies— (a)that it is suffering, or (b)that it is likely to suffer if its circumstances do not change. (6)An inspector or a constable may act under subsection (5) without the certificate of a veterinary surgeon if it appears to him— (a)that the animal is suffering or that it is likely to do so if its circumstances do not change, and (b)that the need for action is such that it is not reasonably practicable to wait for a veterinary surgeon.

Answer 11

The five licensable activities covered by the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 include: • Selling animals as pets; • Providing for or arranging for the provision of boarding for cats and dogs (includes boarding in kennels or catteries, home boarding for dogs and day care for dogs); • Hiring out horses (for riding or instruction in riding); • Dog breeding (A breeding licence will be required for anyone breeding three or more litters and selling at least one puppy in a 12-month period, and , and for anyone that places an advertisement for a puppy if they meet the business test of an income of over £1000 within a year and fail to provide documented evidence that no profit has been made); and • Keeping or training animals for exhibition (for people attending in person or recording of images for display. Military, policy and sporting animals are not included. Licences are not required for activities already licenced under the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012 or the Zoo Licensing Act 1981). The General Conditions that businesses must meet in order to obtain an animal activity licence centre around the five welfare needs as set out in the Animal Welfare Act (2006). These are: a) its need for a suitable environment; b) its need for a suitable diet c) its need to be able to exhibit normal behaviour patterns; d) any need it has to be housed with, or apart from, other animals; and e) its need to be protected from pain, suffering, injury and disease. Licences are issued through a risk-based system which determines a risk scoring for each operator and indicates the licence length and star rating that a business should be awarded. The maximum licence length for a low risk, 5-star establishment is a 3-year licence with a minimum of 1 unannounced visit within a 36-month period For the activity of “Keeping or Training Animals for Exhibition”, all licences are for three years on the basis that these activities have hitherto been subject to a simple registration system. There is no risk assessment applied to such activities. • For all other activities, if a new applicant (someone who has no compliance history with a local authority or UKAS) is successful, they will automatically be considered as high risk due to a lack of history. • Such operators will have the length of their licence determined by their risk rating (automatically high risk) and whether the operator is already meeting the specified higher standards of animal welfare rather than the minimum required by the licence conditions. • If an existing operator is applying for the renewal of a licence, then the length of time the licence is granted for will be determined by their risk rating and the licence length can be up to three years. Those with longer licences will receive fewer inspections because inspections tend to be on renewal, and therefore they will pay less for inspection fees as a result. Criteria considered within the risk scoring matrix includes: • History of meeting licensing conditions; • History of complaints received; • Understanding of relevant environmental enrichment; • Understanding of potential risks/hazards and role under relevant legislation; and • Welfare management procedures (written procedures; supervision of staff; record keeping; training of staff). Upon application to a local authority for an animal activity licence, the business will be inspected. The licence will be issued or denied based upon a report issued by a suitably qualified inspector assessing whether the business is likely to meet the general and specific licence conditions as set out for the licensable activity in question in The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 Local authorities must carry out an inspection with a suitably qualified inspector before renewing the licence. A suitably qualified inspector is defined as: a) Any person holding a Level 3 certificate granted by a body, recognised and regulated by the Office of Qualifications and Examinations Regulation which oversees the training and assessment of persons in inspecting and licensing animal activities businesses, confirming the passing of an independent examination. A person is only considered to be qualified to inspect a particular type of activity if their certificate applies to that activity. Or; b) Any person holding a formal veterinary qualification, as recognised by the Royal College of Veterinary Surgeons (“RCVS”), together with a relevant RCVS continuing professional development record; c) Until October 2021, any person that can show evidence of at least one year of experience in licensing and inspecting animal activities businesses The role of veterinary inspectors Under these regulations, local authorities may request a veterinary inspector to: • Conduct the initial or renewal inspection of a dog breeding establishment. • Conduct an initial, renewal and annual inspection of horse-riding establishments. NB this only applies to veterinarians who are listed on the RCVS approved riding establishment inspectors list. • Provide advice to suitably qualified inspectors. • For the purposes of ensuring the licence conditions are being complied with, take samples for laboratory testing from any animals on premises occupied by an operator. • Produce an inspector’s report following an inspection stating whether it is expected that the business will be able to meet the licence conditions (both the general and specific conditions) s part of the General Conditions of the regulations it is stipulated that: The licence holder must register with a veterinarian with an appropriate level of experience in the health and welfare requirements of any animals specified in the licence and the contact details of that veterinarian must be readily available to all staff on the premises on which the licensable activity is carried on

Answer 12

No person shall keep a pet shop except under the authority of a licence granted in accordance with the provisions of this Act Every local authority may, on application being made to them for that purpose by a person who is not for the time being disqualified from keeping a pet shop, and on payment of such fee as may be determined by the local authority, grant a licence to that person to keep a pet shop at such premises in their area as may be specified in the application and subject to compliance with such conditions as may be specified in the licence. Where a person is for the time being disqualified under section 28F(1) and (2) of the Animal Health Act 1981 (c. 22), or section 40(1) and (2) of the Animal Health and Welfare (Scotland) Act 2006 (asp 11), notwithstanding subsection (2), a local authority shall not grant a licence to keep a pet shop to that person n determining whether to grant a licence for the keeping of a pet shop [F7in Wales] by any person at any premises, a local authority [F7in Wales] shall in particular (but without prejudice to their discretion to withhold a licence on other grounds) have regard to the need for securing— (a)that animals will at all times be kept in accommodation suitable as respects size, temperature, lighting, ventilation and cleanliness; (b)that animals will be adequately supplied with suitable food and drink and (so far as necessary) visited at suitable intervals; (c)that animals, being mammals, will not be sold at too early an age; (d)that all reasonable precautions will be taken to prevent the spread among animals of infectious diseases; (e)that appropriate steps will be taken in case of fire or other emergency; Pets not to be sold in streets A local authority [F1in Wales] may authorise in writing any of its officers or any veterinary surgeon or veterinary practitioner to inspect (subject to compliance with such precautions as the authority may specify to prevent the spread among animals of infectious diseases) any premises in their area as respects which a licence granted in accordance with the provisions of this Act is for the time being in force, and any person authorised under this section may, on producing his authority if so required, enter any such premises at all reasonable times and inspect them and any animals found thereon or any thing therein, for the purpose of ascertaining whether an offence has been or is being committed against this Act

Answer 13

he 1963 Animal Boarding Establishments Act deals with places where the boarding of animals is being carried on as a business. This act requires such establishments to be licensed by the local authority. The act defines "boarding establishments" as those premises, including private dwellings, where the business consists of providing accommodation for other people’s cats and dogs. When deciding to issue a license, the local authority shall consider the suitability of the conditions (e.g., size of quarters, lighting, food, water, disease control, etc.) present at the boarding establishment. (a) that animals will at all times be kept in accommodation suitable as respects construction, size of quarters, number of occupants, exercising facilities, temperature, lighting, ventilation and cleanliness; (b) that animals will be adequately supplied with suitable food, drink and bedding material, adequately exercised, and (so far as necessary) visited at suitable intervals; (c) that all reasonable precautions will be taken to prevent and control the spread among animals of infectious or contagious diseases, including the provision of adequate isolation facilities; (d) that appropriate steps will be taken for the protection of the animals in case of fire or other emergency; (e) that a register be kept containing a description of any animals received into the establishment, date of arrival and departure, and the name and address of the owner, such register to be available for inspection at all times by an officer of the local authority, veterinary surgeon or veterinary practitioner authorised under section 2(1) of this Act A local authority may authorise in writing any of its officers or any veterinary surgeon or veterinary practitioner to inspect (subject to compliance with such precautions as the authority may specify to prevent the spread among animals of infectious or contagious diseases) any premises in their area as respects which a licence granted in accordance with the provisions of this Act is for the time being in force, and any person authorised under this section may, on producing his authority if so required, enter any such premises at all reasonable times and inspect them and any animals found thereon or any thing therein, for the purpose of ascertaining whether an offence has been or is being committed against this Act. (2) Any person who wilfully obstructs or delays any person in the exercise of his powers of entry or inspection under this section shall be guilty of an offence.

Answer 14

Under the Riding Establishments Acts 1964 and 1970, riding establishments are required by law to be licensed by local authorities 1.2 A licence may only be issued or denied by the local authority following an inspection and report by a veterinary surgeon. The inspection MUST only be carried out by a current member of the RCVS/BVA Inspectorate of approved veterinary surgeons (RE Act 1964 S. 2(3)). 1.3 A list of current members is available on the RCVS website at http://findavet.rcvs.org.uk/about- us/riding-establishments/ 1.4 The RCVS and BVA have formed a joint sub-committee which is responsible for maintaining the list of Inspectors, setting standards for their admission and retention on the list, and for ensuring, as far as possible, a competent and uniform level of inspection Inspection of premises is required for: a. previously licensed riding establishments; b. riding establishments, which have a three month provisional licence; c. new applications for licensing; d. any premises where there is reason to believe a person is running a riding establishment as defined above The fourth category may be visited initially by a veterinary inspector appointed by the local authority, or by a local authority officer, to determine whether licensing is necessary. The following do not fall within the definition of keeping a riding establishment within the meaning of the Acts: a. A business premises where the horses employed for the purposes of the business are kept by, or under, the management of the Secretary of State for Defence; b. The carrying on of such a business if solely for police purposes; c. The carrying on of such a business by the Zoological Society of London or by the Royal Zoological Society of Scotland; d. The keeping of horses by universities for the instruction of students on courses qualifying for membership of the Royal College of Veterinary Surgeons. the Acts only apply to ridden horses; they do not apply to activities such as carriage driving lessons. 1.15 The position of hired driving horses is an anomaly. The Acts apply to horses for hire and instruction in riding; not driving. However, over the years, we are aware that some Local Authorities have taken the view, that unless they are Hackney Carriages, it is better, on animal welfare terms that they are inspected. The Committee has not taken issue with Local Authorities, who choose to adopt this pragmatic approach on animal welfare grounds The term ‘riding establishment’ means the carrying on of a business “of keeping horses to let them out on hire for riding, or for use in providing instruction in riding for payment, or both. An Inspector is required to consider the suitability of the applicant as to his/her experience in the management and care of horses and his/her ability to supervise the establishment, “either by experience in the management of horses, or by being the holder of an approved certificate or by employing in the management of the riding establishment a person so qualified, to be the holder of such a licence” A veterinary surgeon wishing to become an Approved Inspector of Riding Establishments must first apply to the Secretary of the Riding Establishment’s sub-Committee. All new applicants to the inspectorate are required to attend a one-day instructional and induction course before they can be admitted to the Inspectorate, and applications are scrutinised by the Committee for approval before admission to the Inspectorate- The Committee requires certain criteria to be met. a. The inspector will have at least five years experience post registration by the Royal College of Veterinary Surgeons, of which at least the last two years should fulfil the requirements below. Discretion may be exercised for overseas qualified veterinary surgeons. b. Normally, at least 30% of the potential inspector’s practice workload, (being a minimum of 10 hours per week), will be with horses. This requirement may be relaxed; particularly, for example, in remote geographical areas and for veterinary surgeons working in local government corporations. c. The veterinary surgeon will have attended an induction course before inclusion and will also attend an approved refresher course every 5 years thereafter. 4.3 In particular, re-applicants and part-time workers should ensure that they fulfil the criteria of a minimum of 10 hours equine practice weekly. 4.4 The committee will consider the continuing appointment of inspectors over the age of 65 for a further period following the submission of a self-declaration of fitness to continue in practice. 4.5 Inspectors must have personal indemnity insurance The supply of food, drink and bedding material must be adequate and suitable; the hay and food shall not be mouldy or rat infested. Hard feed should be stored in vermin-proof containers. By inspection of these, the Inspector must satisfy himself that all are sufficient for the animals in the establishment, with a reasonable reserve. It must be borne in mind that some riding establishments prefer to have frequent deliveries of foodstuffs, rather than store large quantities. 6.3 The amending Act requires that the horses be adequately exercised, groomed, rested and visited at suitable intervals. By inquiry and examination of the stable records and appointment book, (which it is desirable should be kept in permanent form), the inspector must be satisfied on these points. The principal Act requires a riding establishment to have accommodation suitable for its horses and ponies in respect of construction and size, number of occupants, light, ventilation and drainage. Specific recommendations are made in the Equine Codes and should be complied with. grazing is not required in order for a licence to be granted The principal Act requires that riding equipment shall be maintained in a good condition so as not to cause suffering to the horse or accident to the rider. That all reasonable precautions will be taken to prevent and control the spread among horses of infectious or contagious diseases and that veterinary first aid equipment and medicines shall be provided and maintained in the premises.” The Acts do not require horse passports to be checked. However, the inspector should make reasonable enquiries to satisfy him/herself that horses on the establishment are in possession of valid passports and make a record of this. It is also recommended that a sample of passports are checked to ensure reasonable compliance such as that horses may be medicated lawfully That appropriate steps will be taken for the protection and extrication of horses in case of fire a. To keep a riding establishment without a licence; b. To wilfully obstruct or delay any person in the exercise of his/her powers of entry or inspection; c. To permit a person for the time being disqualified under this Act from keeping a riding establishment or to have control or management of an establishment; d. To conceal a horse or horses with intent to avoid inspection under the Act; e. To use in a riding establishment a horse in contravention of the requirements of the Animal Welfare Act 2006 or the Animal health and Welfare (Scotland) Act 2006 f. To use in a riding establishment any horse three years old or under, or any mare heavy in foal or within three months after foaling; g. To fail to provide curative care for a sick or injured horse used in a riding establishment; h. To supply riding equipment, which is visibly defective or likely to cause suffering to the horse, or an accident to the rider. Concerns about individuals illegally operating riding establishments should be referred to the relevant local authority or Trading Standards office in the first instance. The RCVS does not have authority to investigate or prosecute these offences, but will assist the enforcement authorities with investigations, as appropriate.

Answer 15

The 1973 Breeding of Dogs Act ('the 1973 Act') requires proprietors of breeding establishments to be licensed No person is entitled to a licence if at the time he\she is disqualified from keeping a dog breeding establishment, pet shop (see paragraph 9), or boarding kennels or if he/she has been disqualified from keeping dogs or other animals as a result of specified convictions for cruelty. However, a person aggrieved by refusal of a local authority to grant a licence or by any condition to which the licence is subject may appeal to a Magistrates' Court (or if in Scotland, the Sheriff). The 1991 Breeding of Dogs ('the 1991 Act') extends the powers of inspection to unlicensed premises, excluding a private dwelling, and is discussed further at paragraph 5 below. In determining whether to grant a licence for the keeping of a breeding establishment for dogs by any person at any premises, a local authority shall in particular (but without pre- judice to their discretion to withhold a licence on other grounds) have regard to the need for securing- (a) that the dogs will at alltimes be kept in accommodation suitable as respects construction, size of quarters, number of occupants, exercising facilities, temperature, lighting, ventilation and cleanliness; (b) that the dogs will be adequately supplied with suitable food, drink and bedding material, adequately exercised, and (so far as necessary) visited at suitableintervals; (c) that all reasonable precautions will be taken to prevent and control the spread among dogs of infectious or contagious diseases; (d) that appropriate steps will be taken for the protection of the dogs incase offire or other emergency; (e) that all appropriate steps will be taken to secure that the dogs will be provided with suitable food, drink and bedding material and adequately exercised when being transported to or from the breeding establishment

Answer 16

An Act to make provision for an Animal Sentience Committee with functions relating to the effect of government policy on the welfare of animals as sentient beings

Answer 17

A Bill to make provision about the welfare of certain kept animals that are in, imported into, or exported from Great Britain. Prohibition on keeping primates without a licence It is an offence to sell, give or otherwise transfer ownership of a primate to 25 a person knowing, or having reasonable grounds to suspect, that the person will keep the primate in contravention of section a person commits an offence if— (a) a dog attacks or worries livestock on any agricultural land or a road or path, and (b) the person owns, or is in charge of, the dog when it does so. A person does not commit an offence under this section by reason of a dog attacking or worrying livestock if, when the dog attacks or worries the livestock— (a) the livestock are trespassing on agricultural land, and (b) the dog is owned by, or in the charge of, the occupier of that land, unless the person causes the dog to attack the livestock. Seizure and disposal of dogs in connection with disqualification order Prohibition of export of livestock for slaughter ect A person commits an offence if, without lawful authority or reasonable excuse, the person takes or detains a dog in England— 25(a) so as to remove it from the lawful control of any person, or (b) so as to keep it from the lawful control of a person who is entitled to have lawful control of it

Answer 18

Developed from Bills Government sponsored Private Members -3 readings in House of Commons and House of -Lords -Royal Assent -Law! Basically, this is the legislative process. An idea is put forth by government or a person and it is debated in the Houses of Parliament before becoming law Any examples you can think of applicable to animals and us? Animal Cruelty (Sentencing) Bill 2016-17 Bat Habitats Regulation Bill [HL] 2017-19 Animal Fighting (Sentencing) Bill 2016-17 Farriers (Registration) Act 2017 Statutes are ‘enabling’ acts providing a broad legislative framework allowing ministers to produce detailed regulations. Regulations derived from enabling acts are statutaory insturments. Means ministers can make effective changes in the law without having to make new statutes. The new VSA will likely be an enabling act.

Answer 19

breaking these laws result in a criminal conviction, arrest, prosecution ect health and saftey at work act veterinary surgeons act medicins acts drug regulation Governs society Deals with crime and consequences… Leads to punishment e.g. imprisonment Breaches known as ‘offences’ undertaken by ‘offenders’ Actus rea - Guilty act Mens rea -Guilty mind Beyond all reasonable doubt

Answer 20

involves contracts- concent forms, employment court is a contract Contracts in Veterinary Practice?- Employment contracts Client consent Service suppliers Contract requirements: Capacity Intention to be legally bound Offer and acceptance Consideration Common civil action Capacity of the person entering the contract to understand what they are entering into By making an offer, the offeror is making an intention to be legally bound, contract exists once the offer has been accepted. Finally payment E.g. we will fix your dogs cruciate, it will cost this much, offer accepted and consent form signed. What about charity practices where no payment is required? Then no actual contract is formed between o and practice. Where might that leave practices and clients legally? Client unable to sue for breach of contract

Answer 21

tort= wrong doing against someone negligence claims tresspass Known as Delict in Scotland Still a branch of civil law, but relates to implicit civil responsibilities that people have to one another, rather than contractual Relates to: Negligence Trespass Workplace safety Nuisance Defamation Breach of Confidence Breast implant scandal PIP implants brought to court via Tort law and product liability, tumble dryers bursting into flames could also be brought as a case of this type Workplace safety; employers have a duty to keep employees safe, and employees are responsible for their own safety Nuisance: potentially barking dogs and foul smells, a neighbourhood watch scheme in Putney tried to take action against the RSPCA for nuisance from fouling dogs and noise Defamation: be careful what you post inline! Social media defamation cases are on the increase! Verbal defamation is slander and written (eg social media) is libel. Breach of confidence: Information given in confidence must not be shared. If it is and the information is deemed to be ‘confidential’ and harm results to the person then there is a breach. RELATING TO VETERINARY MEDICINE Patient consent – authorised disclosure Patient interest – disclosure between health STATUTORY DUTY TO DISCLOSE The Public Health (Control of Diseases) Act 1984 (notifiable diseases) The Prevention of Terrorism Act 1988 Road Traffic Act 1972 Misuse of Drugs Act 1971 A type of civil law

Answer 22

doing something that causes harm, equally not doing something that causes harm e.g not feeding your child as you have a pre-existing duty to do so or not taking steps to rectify a situation eg in a case from 1983 a squatter flicked a cigarette butt away that landed on a mattress that caught fire. The initial guy did nothing; he created the situation so is therefore liable to correct it, so was charged with arson.

Answer 23

Guilty mind establishes the element of intent. You intend to do something that harms someone. You recognise its reckless but decide to do it anyway. Again a failure to act (negligence) can render intent also. You recognise the need to do something but don’t.

Answer 24

Classification like this is done by mode of trial Summary offences Tried in Magistrates Courts Relatively minor- animal crultey is classed as this usually Either way offences Tried in either Crown Court or Magistrate Courts Wide level of seriousness If Magistrates decide their sentencing powers are insufficient they can allocate cases to the Crown Indictable only offences Most serious and can only be dealt with by Crown Court

Answer 25

Decided via the courts Crown Prosecution Service Brings about the prosecution Bench of magistrates or Crown Court Judge Can be tried in criminal then civil but not other way round Fines, imprisonment, sanctions etc. Capital punishment! Sentencing process takes into account seriousness of the offences, defendants circumstances, pre-sentence reports. The sentence will then be passed and there is a right to appeal Capital punishment ended in 1964 in GB, although sentences were passed after this

Answer 26

VSA 1966 and S3 amendment 2002 H&S at Work Act 1974 GDPR Medicines Act 1968 The Veterinary Medicines Regulations 2013 Animal Welfare Act 2006 Dangerous Dogs Act 1991 Endangered Species (Import and Export) Act 1976 Wildlife and Countryside Act 1981 Sale of Goods Act 1979 General Data Protection Regulation Endangered species act enforces CITES (Convention on International Trade in Endangered Species of Wild Flora and Fauna 1973) in the UK

Answer 27

Governs relationship between citizens Harm or loss suffered by an individual Leads to compensation, “on the balance of probability We are concerned with Contract and Tort branches of Civil Law!

Answer 28

There are three principles of negligence that must be proved, in order, to confirm a negligent act has occurred Duty of Care Breach of Duty Consequential harm

Answer 29

Falls under Tort law A legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. Threefold test for duty of care a. Reasonably foreseeable Would the act create foreseeable harm? E.g. failure to dispose of a sharp Reasonable to suggest that a foreseeable consequence would be? That someone may suffer an injury b. Relationship between plaintiff and defendant To who? When does it begin? Between VS/VN and the client/(animal) once on practice property Between VS/VN and employer/colleagues Between VS/VN and certain other individuals What's missing? No legal duty of care concerning animals Legally, animals are property or ‘chattels’ Occupiers liability (a branch of tort law) states that an occupier (such as a Vet in a veterinary practice) who invites others onto their land or has trespassers, owes a minimum duty of care for peoples safety. The first case of this kind was in 1909 whereby Lord Macnaughton felt that children who were hurt whilst looking for berries on a building site, should have some compensation for their unfortunate curiosity Animal Welfare Act for owners c. Fair and reasonable to impose liability How do we provide duty of care?

Answer 30

Bolam test Can be subjective and objective “All members of society have a duty to exercise reasonable care toward others and their property” Who would we be judged against? Standard of your peers Accepted practice Inexperience is not a defense! Bolam test = when a group or professional body confirms that the action taken would be the same as any other person with that skill or qualification (at that point in time). Therefore, if a body of people from that profession agrees that the action taken was correct, the action cannot be deemed as negligent EVIDENCE BASED PRACTICE IS IMPORTANT! Since 1997/8 the courts will no longer accept ‘this is how we do it’ there must be an evidence base behind the ‘accepted practice’. This is extremely important for vet med and vet nursing and part of the reason we do research. Trying to underline and rationalise the things we do. Inexperience is not a defense against a breach of duty. You must not act outside your remit of confidence as a vet professional

Answer 31

Final stage of negligence What effect did breaching have? Did the harm or loss suffered occur as a result of negligence Res ipsa loquiter Negligent evident from the injury suffered by the plaintiff Res ipsa loquiter: the facts speak for themselves HOWEVER: if no harm occurred as consequence of breach of care, negligence cannot be proved If any of the three steps of Tort law are missed, not proved or in wrong order negligence is not proved. FOR EXAMPLE: A nurse is walking a dog back from kennels, the dog slips its lead, the owner is informed, but the dog is found a day later hiding in the practice shed. Negligence? NO: The owner is traumatised, but mental anguish is not grounds for negligence What about if the dog had never been found again? YES: The owner can sue the nurse. The nurse would be judged against peers (would we leave the door open?) and the VN may be liable for damanges. OR the client could sur the practice for not having an escape proof SOP in place

Answer 32

Damages! Injured party is restored to their previous state Loss of earning Expenses Loss of use Reduction in value Loss of the animal

Answer 33

Not necessarily. If the claimant raised a complaint with the RCVS about the veterinary surgeon, it would assessed (the same as all complaints) to see if there was a case for serious professional misconduct. The RCVS does not deal with negligence – this is a matter for the courts. It might be that a claimant has a civil case against a veterinary surgeon going through the courts to try and get compensation, and in addition they have made a complaint to the RCVS about the veterinary surgeon. These are two separate matters. In investigating the complaint, the RCVS would likely wait to see the outcome of the civil case, as the content of this may impact on how the RCVS proceed with the matter. Where a complaint to the RCVS involves an ongoing criminal investigation, e.g. for theft, the RCVS will wait for the outcome of the criminal investigation before proceeding a case against the veterinary surgeon as whether they are found guilty/not guilty will feed into the RCVS investigation and impact whether the case goes forward or not to the Disciplinary Committee. The RCVS cannot fine individuals, prosecute them, send them to prison. This is the job of the courts. The RCVS responsibility (as far as disciplinary measures go) is to ensure those in the veterinary profession are fit to practise, and take action where fitness to practise is impaired.

Answer 34

Professional competence Honesty and integrity Independence and impartiality Client confidentiality and trust Professional accountability Veterinary surgeons seek to ensure the health and welfare of animals committed to their care and to fulfil their professional responsibilities, by maintaining five principles of practice

Answer 35

Veterinary surgeons must make animal health and welfare their first consideration when attending to animals. Veterinary surgeons must keep within their own area of competence and refer cases responsibly. Veterinary surgeons must provide veterinary care that is appropriate and adequate. Veterinary surgeons in practice must take steps to provide 24-hour emergency first aid and pain relief to animals according to their skills and the specific situation. Veterinary surgeons who prescribe, supply and administer medicines must do so responsibly. Veterinary surgeons must communicate with each other to ensure the health and welfare of the animal or group of animals. Veterinary surgeons must ensure that clinical governance forms part of their professional activities. Clinical governance is a continuing process of reflection, analysis and improvement in professional practice for the benefit of the animal patient and the client owner.

Answer 36

Veterinary surgeons must be open and honest with clients and respect their needs and requirements. Veterinary surgeons must provide independent and impartial advice and inform a client of any conflict of interest. Veterinary surgeons must provide appropriate information to clients about the practice, including the costs of services and medicines. Veterinary surgeons must communicate effectively with clients, including in written and spoken English, and ensure informed consent is obtained before treatments or procedures are carried out. Veterinary surgeons must keep clear, accurate and detailed clinical and client records. Veterinary surgeons must not disclose information about a client or the client’s animals to a third party, unless the client gives permission or animal welfare or the public interest may be compromised. Veterinary surgeons must respond promptly, fully and courteously to clients’ complaints and criticism.

Answer 37

Veterinary surgeons must take reasonable steps to address adverse physical or mental health or performance that could impair fitness to practise or that results in harm, or a risk of harm, to animal health or welfare, public health or the public interest. Veterinary surgeons who are concerned about a professional colleague’s fitness to practise must take steps to ensure that animals are not put at risk and that the interests of the public are protected. Veterinary surgeons must maintain and develop the knowledge and skills relevant to their professional practice and competence, and comply with RCVS requirements on the Veterinary Graduate Development Programme (VetGDP) / Professional Development Phase (PDP) and continuing professional development (CPD). Veterinary surgeons must ensure that all their professional activities are covered by professional indemnity insurance or equivalent arrangements. Veterinary surgeons must not hold out themselves or others as specialists or advanced practitioners unless appropriately listed with the RCVS, or as veterinary nurses unless appropriately registered with the RCVS.

Answer 38

Veterinary surgeons must work together and with others in the veterinary team and business, to co-ordinate the care of animals and the delivery of services. Veterinary surgeons must ensure that tasks are delegated only to those who have the appropriate competence and registration. Veterinary surgeons must maintain minimum practice standards equivalent to the Core Standards of the RCVS Practice Standards Scheme. Veterinary surgeons must not impede professional colleagues seeking to comply with legislation and the RCVS Code of Professional Conduct. Veterinary surgeons must communicate effectively, including in written and spoken English, with the veterinary team and other veterinary professionals in the UK. The appointed senior veterinary surgeon must ensure that the training provided to graduates meets the requirements of the VetGDP (Veterinary Graduate Development Programme).

Answer 39

Veterinary surgeons must work together and with others in the veterinary team and business, to co-ordinate the care of animals and the delivery of services. Veterinary surgeons must ensure that tasks are delegated only to those who have the appropriate competence and registration. Veterinary surgeons must maintain minimum practice standards equivalent to the Core Standards of the RCVS Practice Standards Scheme. Veterinary surgeons must not impede professional colleagues seeking to comply with legislation and the RCVS Code of Professional Conduct. Veterinary surgeons must communicate effectively, including in written and spoken English, with the veterinary team and other veterinary professionals in the UK. The appointed senior veterinary surgeon must ensure that the training provided to graduates meets the requirements of the VetGDP (Veterinary Graduate Development Programme).

Answer 40

Veterinary surgeons must be appropriately registered with the RCVS. Veterinary surgeons must provide the RCVS with their VetGDP/PDP and CPD records when requested to do so. Veterinary surgeons, and those applying to be registered as veterinary surgeons, must disclose to the RCVS any caution or conviction, including absolute and conditional discharges and spent convictions, or adverse finding which may affect registration, whether in the UK or overseas (except for minor offences excluded from disclosure by the RCVS). Veterinary surgeons, and those applying to be registered as veterinary surgeons, must comply with reasonable requests from the RCVS as part of the regulation of the profession, and comply with any undertakings they give to the RCVS.

Answer 41

Veterinary surgeons must seek to ensure the protection of public health and animal health and welfare, and must consider the impact of their actions on the environment. Veterinary surgeons must certify facts and opinions honestly and with due care, taking into account the 10 Principles of Certification. Veterinary surgeons promoting and advertising veterinary products and services must do so in a professional manner. Veterinary surgeons must comply with legislation relevant to the provision of veterinary services. Veterinary surgeons must not engage in any activity or behaviour that would be likely to bring the profession into disrepute or undermine public confidence in the profession.

Answer 42

A living organism which feeds on organic matter, usually with specialized sense organs and nervous system, and able to respond rapidly to stimuli

Answer 43

– Having feeling or sensation as distinguished from perception and thought. From the latin, sentientem meaning “feeling”. The ability to experience pleasure or pain. Many people believe we should use the possession of sentience as an indication to give these individuals moral consideration. However, we then should try to decide which animals experience pleasure and pain and, if so, do they experience it in a different way from humans? This raises questions about the relative degree of sentience of each animal species.

Answer 44

the quality of being wise or wisdom. A sapient organism has the ability to think about sensations, feelings and ideas. So, a sentient animal feels, a sapient animal can think about those feelings. The words ‘sentience’ and ‘sapience’ both imply some form of consciousness – but at what level? Sapience is the ability of an organism to act with intelligence. (The Latin “Homo sapien” means “wise man”). Intelligence is linked to thought. Thinking enables us to process sensations, feelings and ideas. Thought processes deal with goals, plans, ends and desires. Some animals are clearly sentient and sapient

Answer 45

Consciousness is a quality of the mind and comprises sentience, sapience, self-awareness and subjectivity. Consciousness allows one to perceive the relationship between oneself and the environment. A difficult concept to define and fully understand. The Blackwell Companion to Consciousness says – "Anything that we are aware of at a given moment forms part of our consciousness, making conscious experience at once the most familiar and most mysterious aspect of our lives.”

Answer 46

Animal Welfare Act 2006 (England and Wales) Animal Health & Welfare (Scotland) Act 2006 Welfare of Animals Act (Northern Ireland) 2011 All acts Cruelty Obligations of ownership Must be 16 to buy an animal Penalties: ban on ownership; up to £20k fine; prison sentence Must ensure the following needs are met: The need for a suitable environment, The need for a suitable diet, The need to be able to exhibit normal behaviour patterns, The need it has to be housed with, or apart from, other animals, and The need to be protected from pain, suffering, injury and disease.

Answer 47

Pit Bull Terrier Dogo Argentino Japanese Tosa Fila Brasiliero

Answer 48

>2 litters/year and selling at least one puppy = must obtain a license from local authority Vet role in obtaining license – inspection subcontracted by local authority Cannot sell a puppy under 8 weeks old (cf microchipping law) Can only be sold by puppy’s breeder (not in shops, markets etc) Some legislation surrounding dog kennels and boarding establishments. Can involve the vet as an inspector working on behalf of the local authority.

Answer 49

Law applies to both domestic and feral cats Regarded as ‘property’ under law (implications for theft and claims for distress) (Theft Act 1968) Feral and stray cats generally regarded as property of original owner Killing or injuring cat can be considered under Criminal Damage Act 1971 microchipping Other areas of the law applicable Common law duty of care (ensure cats don’t cause damage to property or people) Planning Law (eg too many cats in a house may not be considered residential use) Environmental Law (fouling, smell, noise from a property)

Answer 50

In law, three types of trespass 1 – trespass on property 2 – trespass to the person (assault etc) 3 – ‘wrongful physical interference with goods that are in the possession of another’ Reduction of an animal to a possession does mean that there is no emotional distress element allowable for a claim in law – limited to the losses incurred (including the cost of the animal).

Answer 51

What is negligence (from RCVS website note)? Duty of care owed by MRCVS/RVN (ie is under their care at the time) Breach of that duty of care Mitigating factors considered (level of expertise, variety of clinical approaches, etc) Loss was suffered and caused by breach of duty Loss was reasonably forseeable Dealt with between the practice/client or insurer or courts Not the RCVS

Answer 52

Needed for negligence claims Also can have other benefits such as cover for professional misconduct claims Some straightforward providers VDS Personal to the indivicual but usually paid for by the practice Required by RCVS code of conduct Some prodivers will act as insurance company and just pay out VDS will act on your behalf.

Answer 53

be satisfied that the person who will use the product is competent to use it safely when s/he does so, advise on the safe administration of the veterinary medicinal product; advise as necessary on any warnings or contra-indications on the label or package leaflet; and not prescribe (or in the case of a NFA-VPS product, supply) more than the minimum quantity required for the treatment. Veterinary medicinal products must be supplied in appropriate containers and with appropriate labelling.

Answer 54

1. Proportionality Regulators should only intervene when necessary & consider education where possible as opposed to punishment. 2. Accountability Regulators must be able to justify their decisions. Clear standards and criteria should be in place against which members can be judged. There should also be well publicised, fair and effective complaints and appeals procedures. 3. Consistency Regulations should be predictable in order to give stability and certainty to those being regulated. 5. Targeting Regulation should be focused on the problem and minimise side effects, e.g. Be systematically reviewed to ensure still necessary and effective. 4. Transparency Regulators should be open and keep regulation simple and user friendly. For example, those being regulated should be made aware of their obligations, with law and best practice clearly distinguished. The consequences for non compliance should also be clear.

Answer 55

The RCVS was created by, and still exists by virtue of a Royal Charter of 1844. As of February 2015, the Charter recognises veterinary nursing as a profession. It requires the College to continue to keep a list of veterinary nurses, which is to be known as the register of veterinary nurses, and gives registered veterinary nurses - RVNs - the formal status of associates of the College. The Veterinary Nurses' Council is required to set standards for their education, training and conduct. New bye-laws attached to the Charter require the RCVS Council to make rules dealing with the registration of veterinary nurses and the supervision of their professional conduct

Answer 56

13 elected members (all veterinary surgeons) 3 appointed members from veterinary schools 2 appointed veterinary nurses 6 appointed lay members

Answer 57

To hold and maintain the Register of Veterinary Surgeons (and Veterinary Nurses) - Role undertaken by the registrar - Council prescribes the fees and informs registrar of who is eligible for entry. - Registrar is responsible for ensuring the register is up to date and accurate, printed and published in accordance with the wishes of council.

Answer 58

The RCVS Code of Professional Conduct, (CoPC), for Veterinary Surgeons sets out the professional behaviours required of those who practise in the profession. Code of Professional Conduct for Veterinary Surgeons - Professionals (rcvs.org.uk) If you ever have a complaint raised against you, the RCVS will put any allegations to you in terms of the specific area(s) of the CoPC deemed to have been breached.

Answer 59

When talking about the CoPC and professional standards, you will often hear the term ‘fitness to practise’. You demonstrate that you are fit to practise by maintaining professional standards and working to your CoPC throughout BOTH your working and private lives. You will likely have had to complete a fitness to practise questionnaire or something similar prior to starting your course? Until you qualify, it is the responsibility of your course provider to monitor and where required, take action as far as your fitness to practise is concerned. Upon qualification, this responsibility transfers to the RCVS. Where an incident occurs that has the potential to cast doubt on your future fitness to practise as a veterinary surgeon, in line with HKVS policy, a fitness to practise investigation will likely occur. Depending on the severity of the incident and the stage you are at in your training, this can have serious consequences for your career.

Answer 60

RCVS Registration

Answer 61

only registered vet nurses are registered RCVS Registration vet nurse alone is not a prtected title

Answer 62

NAVP RAMP ACPAT

Answer 63

a framework through which an organisation is accountable for continually improving the quality of their services. This framework safeguards high standards of care by creating an environment in which excellence in clinical care will flourish. Clinical governance is a continuing process of reflection, analysis, and improvement in professional practice for the benefit of the animals and their carers.

Answer 64

Risk management: compliance with legal requirements eg health and safety legislation, COSHH, critical event reviews etc. Clinical audit: makes up part of Practice Standards Scheme (PSS), essential for evidence based veterinary medicine (EBVM), critical event audit, tonnes of literature around as this is a vital part of promoting clinical excellence. Information: IT systems, data protection etc. Clinical effectiveness: clinical audit, reflective practise and EBVM!! Staff management: rota’s, OOH considerations, team work. CPD: it is the responsibility of the professional to keep their knowledge up to date and meet RCVS requirements. This may also include recognising one’s limitations, for example when to refer a patient. Client involvement: communication, education (eg client evenings, fact sheets etc.), openness.

Answer 65

Define behavioural standards that lead to outcomes as a first principle, rather than the outcomes themselves. Manage people with more regard to agreed behaviour than actual results. When the results are not there, treat it as a failure of process, not failure of someone. Engage everyone to find ways to prevent the failure recurring by establishing a new behavioural model. Encourage transparency in reporting by not penalising human error. Essentially if we have good processes in place, there will be a reduction in human error.

Answer 66

To assess whether the right facilities are available. An example in farm animal practice may include an audit of the VS’s boot - what stock and tools are available and are these appropriate for the job. An example in equine practice may be looking at the number of lameness investigations requiring assessment on a soft surface, and investing in a school to facilitate this.

Answer 67

To assess how we do something in practice, conforming to guidance and/or protocols. An example is how often we monitor blood pressure in cats with renal failure. Another example is how guidelines for repeat blood samples for cushings in elderly equine patients are followed

Answer 68

To assess what results we are getting. For example looking at the outcomes of surgical procedures, whether that’s incidence of surgical site infections, or return to normal function. Another example might be looking into pain reduction in response to therapy.

Answer 69

What is it? A process for monitoring and assessing clinical care with the view to identify and action areas for improvement (Mosedale, 2022). What is the aim? To look at what works well and keep doing this. To look at what doesn’t work so well and look to improve this. To contribute to a learning culture. Ultimately, to improve outcomes for patients!

Answer 70

Can be defined as a structured, formal form of reflection on a critical incident or near miss. May be a written reflection or meeting, but should include the whole practice team. What happened? Why did it happen? How can we learn from this / what did we learn from this? What needs to change as a result of this?

Law, Ethics And Proffesional Practice Flashcards

(94 cards)