Animal Welfare Act 2006, what are the 5 needs?
A need for a suitable diet
A need for a suitable environment
A need to be housed, with or apart from other animals
A need to be protected from pain, suffering, injury and disease
A need to exhibit normal behaviour patterns
VSA1966 key points
The act defines what veterinary surgery is
Schedule 3 outlines which professionals can perform certain procedures (para 6 = RVN & para 7 = SVN)
- Delegation to VNs
- Treatment of animals by unqualified persons
CoPC for VNs and Vs
What are the professional responsibilities ?
To the animals
To the clients
To the profession
To the veterinary team
To the RCVS
To the public
CoPC for RVNs and SVNs, what are the principles of practice ?
Professional competence
Honesty and integrity
Independence and impartiality
Client confidentiality and trust
Professional accountability
The working time regulations 1998
Cannot work more than 48hrs a week (can chose to opt out)
If under 18 cant work more than 40hrs a week or more than 8hrs a day.
Breaks: entitled to 20mins when worked more than 6hrs a day. A minimum of 11hr gap between shifts.
MCA 2017
Designed to protect and empower people who lack mental capacity to make their own decisions about care and tx.
Applies to people 16+
Eg - people with dementia, severe learning disability, brain injury, stroke, mental health condition.
The act says to assume a person has capacity unless proved otherwise. If making a decision on behalf of someone ensure it is within their best interest. If no trusted person provide an independent advocate.
RCVS disciplinary procedure
Preliminary investigation committee (PIC)
Stage 1 PIC = case manager is assigned once a concern has been raised, information is collated, employer should be notified and indemnity insurance sorted, a copy will be sent to complainer so they can have an input, if they have received enough info you may not be informed a complaint has been made.
At this stage 3 members (one vet, one lay member and one another) will hold a private meeting and either close the matter with no action, close the matter and issue advice or refer to stage 2
Stage 2 PIC = consider whether there is a realistic prospect that what you have done or not done affects fitness to practice and amounts to serious misconduct and if needs referring to stage 3 (DC). Meetings are still held in private with all documents from stage 1 available. Both parties will be notified and able to add further comments. CPD records should be shown and indemnity insurance details. Results of the meeting: either close the matter with no action, close the matter and issue advice, refer to Charter Case Committee for a warning or refer to a DC hearing.
Stage 3 = disciplinary committee hearing. Similar to a court hearing, held under oath/affirmation. Both parties will speak plus witnesses. A DC hearing will be held within 15mths of the date they received the complaint.
Results: prosecution, suspension or removal from the register. This can be appealed to the Privy Council.
Define consent
A formal agreement to a procedure. Forms a contract. Should include an estimate of costs and the owners must understand what they are signing to gain informed consent.
Define non-maleficence
Not doing harm
Define beneficence
Promoting good
Define autonomy
Ability of people or animals to be self-governing
Define justice
Treating all animals and all people in a fair and equal way
What are the components of animal welfare?
5 freedoms
Quality of life
Are they healthy? Do they have what they need?
3 measures of quality of life
Affective state = animals emotions and feelings (fear, pain, hunger, distress)
Natural behaviour = ability of the animal to lead a natural life and fulfil normal behaviour.
Biological function = parameters to health, growth, behaviour and development
What does tort cover?
Negligence - based on the concept of breach of duty of care
Trespass - interfering with someone else’s property
Nuisance - where a continuing state of affairs cause problems
Defamation - if wrong accused of doing or saying something that will affect their reputation
Assault - also a crime
What is the difference between criminal law and civil law?
Criminal = maintain law and order and protect the public. Punish.
Civil = uphold the rights of the individual, compensate.
Social law
Rules that have been made but not required to be followed. (Never washing)
Legal law
Rules society are required to follow, enforced by courts, providing redress against wrongdoing.
Morality.
Morals change
Law is often amended according to changes in society.
Public law
Constitutional = how the country is governed
Administrative = how public bodies are run
Criminal law = how individuals must behave - wide range of offences
Private law
Civil = concerned with resolving disputes rather than punishing people for committing crimes
Tort = a wrong doing against someone’s personal safety, possessions or reputation.
Contract = legally binding agreements - employing contract
Family = matrimonial/divorce, child residency/contract/care/adoption
Company = share holding - administration of companies
Others = inheritance
Negligence
Animals are considered to be a persons property.
Damaging someone’s property would mean that they could claim for damages under Tort
There is a duty of care to clients, colleagues and the employer.
What is the Bolam Test ?
Individuals will not be negligent if they can prove they followed ‘accepted practice’
Compared to standards of someone else doing the same job.
what is RES IPSA IOQUITUR?
‘The facts speak for themselves’
Negligence is clear from the injury suffered alone (defendant was in control of the cause of claimants injury, injury could only occur due to negligence, no other explanation of the incident)
Before any claims for damages are made, the courts must be satisfied that the injury was not a result of a pre-existing injury condition.
Damages are decided according to the amount needed to restore the claimant back to a state before the claim. (Reduction in the value of the animal, recovery of the vet fee, value of lost animal).
