VSB final year lecture - Veterinary Surgeons Board of Queensland

Report
The Veterinary Surgeons Board of
Queensland
The purpose of this lecture is to present the function and structure of the
Veterinary Surgeons Board of Queensland as well as to discuss aspects of
the Veterinary Surgeons Act
COMPOSITION OF BOARD
 Ministerial nominations - four

Chairperson – senior veterinary state government employee
Deputy-chairperson – currently an academic veterinarian
Veterinarian

Consumer representative



Elected - two


Registered veterinarians
Registry Office - three

Registrar, Deputy Registrar and Project Officer
Veterinary Surgeons Act
Veterinary Surgeons Board implements and
interprets the Veterinary Surgeons Act
• regulates the practice of veterinary science in QLD
• acts in the public interest
• ensures consumer protection and animal welfare in the delivery
of veterinary services.
http://www.vsb.qld.gov.au/
Veterinary Surgeons Act
Who benefits from the Act?
• Veterinarians
• Consumers
• Veterinary students
How do they benefit
• Veterinarians receive exclusivity in service delivery
• Consumers receive quality assurance
• Students are assured their degree confers the knowledge and skills
sufficient to gain registration as a veterinarian
Veterinary Surgeons Act
• Defines the Veterinary space
• Registration
• Veterinarians qualified, fit and proper persons to practise
• Restriction
• Only veterinarians to receive fee or reward
• Prescription drugs
• (Health (Drugs and Poisons Regulation 1996)
• Animal welfare standards
• (Animal Care and Protection Act 2001)
• Protects public expectations
• Consumer protection in the delivery of veterinary services.
• Standard of veterinary practices
• Complaints investigation
Veterinary Surgeons Act
• A new graduate needs a full set of Day One Skills to
comply with registration requirements
• Acquired through your BVSc
• This is a partnership between you and the UQ School of Veterinary
Science
• Assurance of the quality of the BVSc is provided through the School’s
accreditation process with veterinary boards in Aus, NZ, UK, USA
• A graduate needs to maintain their skills for ongoing
registration
• Continuing Professional Development (CPD)
Interpreting
‘Current Best Practice’
Role of the Board
• established by the Veterinary Surgeons Act 1936
• sole legislative responsibility for the regulation of veterinary science
in QLD
• acts in the public interest to ensure consumer protection and animal
welfare, in the delivery of veterinary services.
Funding
• Funding for the VSB is only from annual registration fees from
veterinarians in Queensland
• 2903 veterinarians in Queensland including 92 registered
specialists
• There is provision, as the VSB is a regulatory body, for the state
government to provide funds if required.
Recent findings by the VSB
Year
Findings
2012
Failed to conduct a diagnostic work-up, failed to provide appropriate
treatment for an animal presented in a critical state, failed to keep adequate
records of treatment.
Failure to provide an adequate diagnostic work-up, failure to provide
appropriate medication, failed to keep adequate records of treatment.
Failed to respond appropriately to the continued non-weight bearing of a
horse, including but not limiting to – referring or transporting to a surgical
facility, euthanasing, continuous daily monitoring.
Failed to keep adequate records of treatment, failure to provide to the
Board anaesthetic records relating to the surgical procedure, made
inappropriate choice of surgical procedure, inappropriately managed postoperative infection, concurrently administered a long acting corticoid steroid
and a non-steroidal anti-inflammatory drug.
Declined to provide records to the Board.
Penalty
$3000
$500
$1000
$500
$1000
Used an inappropriate technique to repair a fracture, failed to keep
adequate records of treatment.
$500
Inadequate diagnostic work-up, inappropriate management, inadequate
diagnostic follow-up.
$500
Recent findings by the VSB
2011
Negligence – failed to perform a post-operative x-ray of
an animal to establish cause of jaw fracture and extent of
fracture to enable an informed clincal decision on
treatment options
Reprimand
Negligence – failed to respond appropriately to a report of
diminished mobility in a dog
Left dog in a deteriorating stage of tick paralysis
unattended and unmoniotred for a prolonged period with
no clinical support after withdrawal of oxygen support
$500
Summary of complaints
No justification
insufficient
evidence,
insufficient cause to
proceed
Proceedings
heard by
Board
Charges
referred to Vet
Tribunal/QCAT
8
17(61%)
7
0
48
5
32 (67%)
8
1
34
24
30
22
4
1
0
0
24 (80%)
21 (87%)
27 (90%)
19 (86%)
5
2
2
2
1
0
1
1
Complaint
enquiries
conducted
Not
finalised
(to
Sept)
28
2011
2010
2009
2008
2007
Year
2012
Prima facie evidence
established
Veterinary Surgeons Act provides for
• Registration
• veterinarians qualified, fit and proper persons to practise
• Restriction to perform veterinary procedures
• Only veterinarians to receive fee or reward
• Standard of veterinary practices
• Complaints investigation
• Including disciplinary provisions of the Act
• Supply and use of prescription drugs
• (Health (Drugs and Poisons Regulation 1996)
• Regulation of animal welfare standards
• (Animal Care and Protection Act 2001)
• Consumer protection in the delivery of veterinary
services.
MEANING OF ‘VETERINARY SCIENCE’
“Veterinary science” means the science of veterinary surgery or veterinary
medicine. Includes the following:
a) diagnosing diseases in, and injuries to, animals, including, for
example, testing animals for diagnostic purposes;
b) giving advice based on diagnosis
c) medical or surgical treatment of animals;
d) performing surgical operations on animals;
e) administering anaesthetics to animals; and
f) signing or issuing certificates relating to the description, health,
diagnosis or treatment of animals.
•
However, ‘veterinary science’ does not include an act done for
animal husbandry or animal dentistry prescribed under a regulation
not to be veterinary science.
RESTRICTION OF VETERINARY PRACTICE
It is an offence for someone who is not a veterinary
surgeon to practise veterinary science.
Except:


If other than for fee or reward (in which case the regulating
statutes are the Animal Care and Protection Act 2001;
and/or the Health (Drugs and Poisons) Regulation 1996); or
When studying or qualifying in veterinary science whilst
under the supervision of a veterinary surgeon.
Excluded procedures
a)
Castrating 1. Cattle or sheep of less than 6 months; or
2. Goats of less than 2 months; or
3. Pigs of less than 6 weeks;
b)
Dehorning 1. Cattle of less than 6 months; or
2. Goats or sheep of less than 3 months;
c)
d)
Spaying cattle using the Willis dropped ovary
technique;
Tailing sheep of less than 6 months
EXCLUDED PROCEDURES (Continued)
e)
Mulesing sheep of less than 1 year;
f)
Filing or rasping horses’ teeth;
g)
Artificial insemination of cattle, deer, goats,
pigs or sheep;
h)
Teaching techniques about pregnancy testing
of cattle by a veterinary surgeon to an owner
of cattle.
Note:
Stomach tubing of horses, invasive dental procedures on all
species, artificial insemination of a horse, and pregnancy testing of cattle
remain acts of veterinary science. (Refer to Web Link – acts of veterinary
science)
REQUIREMENT FOR REGISTRATION
Registration must be sought in each State or Territory before
commencing practice.
This is changing with National Registration – NSW, Victoria
first to join
The awarding of a Bachelor of Veterinary Science degree
does not in itself entitle the holder to practise veterinary
science in any place or circumstance.
Only Registered Veterinarians
are lawfully able to
 practise veterinary surgery and medicine;
 obtain, possess, administer, dispense or prescribe restricted and
controlled drugs;
 gain a licence to use irradiating (x-ray) apparatus for veterinary
radiography.
Offences are processed through the Magistrates Court judicial system. A
veterinary surgeon responsible for employing an unregistered person to
practice veterinary science commits an offence with serious penalties.
The professional indemnity insurance of an employer may not apply in the
event of a claim where a person not a registered veterinary surgeon is the
respondent in the claim.
How to Register
 Registration forms are made available to the Head of School office and
can be printed from the Veterinary Surgeons Board of Queensland
website.
 Application must be accompanied by two (2) references as to the
applicant’s good fame and character and suitability for registration as a
veterinary surgeon. (Typically references are sought from course
lecturers)
 Application must be accompanied by proof of identity.
 Registration is renewable annually at end of calendar year. Pro rata
fees for less than a calendar year do not apply but registration issued
after 1 November are effective until the end of the following calendar
year.
SPECIALIST REGISTRATION
A registered veterinary surgeon is entitled to be registered
as a veterinary specialist if the veterinary surgeon satisfies
the Board that –
a)
b)
c)
he or she has gained special skill in the veterinary specialty with respect
to which he or she applies to be registered;
the special skill was gained in practising veterinary science for a period of
at least 5 years; and
he or she is the holder of a degree, diploma or other qualification
recognised by regulation that relates to that veterinary specialty.
PROFESSIONAL MISCONDUCT
The term ‘misconduct in a professional respect’
cannot be limited to specifics, but the Act
recognises some common examples such as i.
ii.
iii.
iv.
v.
vi.
Negligence or incompetence in the practice of the profession
Addiction to alcohol or drugs
Signing in a professional capacity, an incomplete, false or misleading
certificate
Failure to comply with or contravention of any law with respect to
scheduled drugs
Fraud or deception
Conviction of an offence involving cruelty to animals
MISCONDUCT (Continued)
vii. Conducting a veterinary practice under a business name at premises
not approved for the range of veterinary services provided thereat.
viii. Failure to comply with conditions of a premises approval and failure
to keep premises and equipment in clean and sanitary condition
ix.
Failure to keep records in the prescribed form
x.
Directing or allowing a person who is not a veterinary surgeon to
practise veterinary science on an animal under the veterinary
surgeon’s care
COMPLAINTS PROCEDURE
i.
Complaint by owner must be made in writing to the VSB – online
or by letter
ii.
Complaint is assessed by the Registrar – must be relevant not
vexatious or financial (VSB does not adjudicate on fees)
iii.
If the complaint is considered valid the Registrar formally requests
the clinical records of the case.
iv.
After receiving the records the Veterinarian is advised of the
complaint and asked for comment and also for a copy of their CE
records
v.
The response of the Veterinarian is then forwarded to the
complainant for comment
COMPLAINTS PROCEDURE
(continued)
vi.
All documents are then distributed to the Members of the VSB for
review
vii. The VSB meets every 4-6 weeks for one full day
viii. Complaints are reviewed and assessed, on occasion further
information may be requested, from the veterinarian or owner or a
review of the case by an expert in that field
ix.
After assessing the case the VSB makes a decision
Findings that can be imposed by the VSB of
Queensland
Not guilty of professional misconduct
or
Guilty of professional misconduct – in which case a penalty may be imposed
i. No penalty
ii. Letter of censure / warning
iii. Fines of up to 10 units (A$100 per unit – can be amended by the VSB)
iv. Recommendations for CPD / CE in specific areas
v. Request for records on an ongoing basis
The VSB CANNOT remove a Veterinarian from the Register of the matter is
considered serious enough for removal from the Register then the VSB refers
the case to Queensland Civil and Administrative Tribunal
QUEENSLAND CIVIL AND ADMINISTRATIVE
TRIBUNAL (QCAT)
QCAT has jurisdiction to conduct disciplinary proceedings involving
allegations of professional misconduct by a veterinary surgeon
determined by the Board to be of a serious nature.
For QCAT proceedings, the tribunal is constituted by –
(a) 1 legally qualified member; and
(b) 2 members who are veterinary surgeons.
Only QCAT has the jurisdiction to order that a veterinary surgeon’s
name be removed or suspended from the Register of Veterinary
Surgeons.
CONTINUING VETERINARY EDUCATION (CVE)
CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
1. Veterinarians are lawfully required to keep a record of all CVE/CPD
undertaken;
2. CVE/CPD is not a mandatory condition for renewal of registration
to practice;
3. The Board may rely on CVD/CPD records to evaluate competency
in the event of a complaint investigation and may seek CVE/CPD
undertakings as a result
PROFESSIONAL ETHICS AND
CODE OF PRACTICE
1.
Ethical behaviour to accord with AVA Code of Professional Conduct.
2.
AVA Code of Professional Conduct is not established by statute.
3.
The Board may rely on the codes, policies and expertise of the AVA as
the peak professional body representing veterinarians in determining
standards of practice and conduct.
ADVERTISING
 Limited only by the provisions of the Commonwealth ‘Trade Practices
Act 1974’ and Queensland ‘Fair Trading Act 1989’ (section 38 – ‘A
person shall not, in trade or commerce, engage in conduct that is
misleading or deceptive or is likely to mislead or deceive’) and AVA
ethical guidelines.
 Veterinary surgeons’ names and qualifications must be displayed at
veterinary premises.
AVA Code of Professional Conduct – Advertising:-
 must not be false, misleading or deceptive;
 must not seek personal advantage at the expense of professional
colleagues; and
 must not lower the status of the veterinary profession in the eyes of
the public.
AVBC - Oversight of Australia & NZ Standards
The Australasian Veterinary Board Council Inc gives advice and makes
recommendations to the Veterinary Surgeons Boards in Australia and
New Zealand in relation to:
1. accreditation of veterinary schools and of courses leading to a
degree in veterinary science or medicine;
2. assessment of the suitability of persons with foreign veterinary
qualifications for practice in Australia and New Zealand
3. uniform criteria for recognition of qualifications for registration;
4. advice on general and specialist registration
5. harmonisation of the standards, regulations and quality assurance
of veterinary services provided to the community.
The veterinary boards of Australia and New Zealand are members
of the AVBC.
Accreditation of Veterinary Schools is Assurance for;
• Future veterinary students
• that they will meet a threshold competency for entry into practice
• Employers
• that graduates have achieved specific learning goals & are prepared to
enter professional practice
• The public
• That public health and safety concerns are being addressed
• The veterinary profession
• That the science and art of veterinary medicine are being advanced
through contemporary curriculum
• Universities
• That their programs measure satisfactorily against national standards
and their own mission and goals
http://www.avma.org/education/cvea/default.asp

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