View all veterinary jobs
The Legislation Working Party was set up on the recommendation of the College’s Brexit Taskforce, which considered that in light of the United Kingdom leaving the European Union and the deficiencies in the existing legislation, now would be a good time to review the Veterinary Surgeons Act 1966.
The Working Party, which is expected to have its first meeting in May, will be chaired by RCVS Junior Vice-President Professor Stephen May and will include the British Veterinary Association’s President, Gudrun Ravetz, RCVS CEO Nick Stace, RCVS Registrar Eleanor Ferguson, Chair of VN Council Liz Cox, RCVS Treasurer and Junior Vice-President elect Amanda Boag, and RCVS Council members Kate Richards and lay member Richard Davis.
The Working Party’s remit will be to ensure that the College’s vision for the future of veterinary legislation is given proper consideration so that it can respond to future opportunities to support a new Act; to propose a list of principles on which new legislation should be based; and to make recommendations as to whether the new legislation should be a ‘Veterinary Services Act’ providing an umbrella for allied professionals and exploring compulsory practice inspection.
Professor Stephen May said: "The UK leaving the EU will necessitate some changes to the Veterinary Surgeons Act as it currently exists so this feels like an opportune moment to carry out a wholesale review of the legislative basis for regulation of the veterinary profession in the UK.
"Clearly using 50-year-old legislation has its limitations, and while we have been able to make use of legislative reform orders and changes to the Royal Charter to make significant changes to the College – for example, in terms of our disciplinary and governance arrangements – the fact is that this somewhat antiquated legislation is the basis for all we do.
"For example under the current Act veterinary nurses still lack statutory regulation and protection of title, there is no underpinning for our continuing professional development (CPD) requirements and specialist/ advanced practitioner status and the College lacks the power of entry or similar power needed for compulsory practice inspection.
"We hope that, by giving the legislation a fresh look, we can consider how it could better cover the veterinary industry as a whole and not just the rather narrow definition given in the original Act."
The Legislation Working Party is to meet at least four times and will report to RCVS Council in due course.
The RCVS has announced the relaunch of its Golden Jubilee Award, an accolade which recognises those veterinary nurses who are playing a leadership role within the profession.
The relaunch comes after Veterinary Nurses Council agreed some significant changes to the award process and criteria at its October 2015 meeting. This included restricting the award to veterinary nurses only (previously it was open to veterinary surgeons and laypeople) and making the award criteria more focused on leadership.
Liz Cox, Chair of Veterinary Nurses Council, said: “We agreed changes to this award in order to both encourage more nominations and to ensure that those who are nominated are people who are pushing forward the profession, whether that be clinically, politically, or in terms of raising public awareness of what we do.
“Nominees for the award must be people who are proactive and passionate in campaigning on behalf of the profession and who are taking on an ambassadorial role for it – for example, speaking about current issues and initiatives at congresses, events or with local or national media.
“If this sounds like someone you know, then please don’t hesitate to put them forward for the award and help raise the profile of the profession even further.”
The award was founded in 2011 to celebrate the 50th anniversary of the first RCVS training course for veterinary nurses and its first winner was Jean Turner, a member of the profession since 1971.
Jean said: “I have immense pride in the veterinary nursing profession and am still overwhelmed by receiving the very first award. I frequently look at the certificate mounted in our study and use the lovely engraved bowl. As the first recipient I look on it as an award for all the veterinary nurses who have worked with me and helped me over many years.”
Subsequent winners have been Sue Badger (2012), Hayley Walters (2014) and Dot Creighton this year.
Dot Creighton said: “We are in a great position to identify those natural leaders who are clearly motivational and not only feel passionate about their own career and work, but also of their whole profession. It is these veterinary nurses that need to be supported and encouraged to consider the wider positive impact they can have on the whole profession.
“Taking further qualifications, training our students, educating our profession through publications and lecturing, developing our body of research and considering positions such as being council members on bodies such as BVNA Council, are accessible to all RVNs who want to make this difference. These are the nurses that are ideal candidates to be recognised through the Golden Jubilee Award and I would encourage VNs to consider nominating them.”
Although nominees must be veterinary nurses, the primary nominator can be either a veterinary surgeon or veterinary nurse and the two supporting nominators can be laypeople. The deadline for returning nomination forms is Friday 29 January 2016 and nominations will be judged by a panel comprising members of VN Council.
The award will be made at RCVS Day – the College’s Annual General Meeting and Awards Day – in July 2016. The winner will also be given a speaking opportunity at that year’s BVNA Congress in October.
From the 2017 award onwards, the nomination period will be aligned with that of other RCVS honours, such as the Queen’s Medal, meaning that it will run from July to September.
Nomination forms, which include further details about the criteria and other requirements, can be found at www.rcvs.org.uk/goldenjubilee. For further information or advice about the award, please contact Annette Amato, Deputy Head of Veterinary Nursing at the RCVS, on a.amato@rcvs.org.uk or 020 7202 0713.
The RCVS Registered Veterinary Nurse Disciplinary Committee has suspended a Northants-based registered veterinary nurse who admitted to acting dishonestly with her employer, a client and a pet database company by taking home a patient that was supposed to have been euthanised.
During the two-day hearing, the Committee heard how Sally-Ann Roberts, formerly of the Best Friends Veterinary Group in Thrapston, had deliberately gone against the wishes of the owners of a 14-year-old Maine Coon cat called Jason that he be euthanised, rather than treated further, and instead had taken the cat home with her for "intensive nursing". Jason had subsequently escaped from Ms Robert's residence, leading her to fabricate a story, first to the pet database company, and then to Jason's owners and her employer, that he had escaped from the practice, before being returned by a member of the public two days later and then euthanised as originally requested.
Ms Roberts acted with her veterinary surgeon colleague Przemyslaw Bogdanowicz, who chose not to euthanise Jason and who, for his part, received a three-month suspension from the RCVS Disciplinary Committee in December 2012. She repeated the false account on a number of occasions, both orally and in written statements, and also forged the signature of Jason's owner on official documentation in order to substantiate her story.
Only when Ms Roberts was interviewed for a second time by her then employer's area manager, did she finally admit to what had actually happened. Shortly afterwards, Ms Roberts was suspended from the practice and, following an internal disciplinary hearing a few days later, was dismissed by them for gross misconduct, along with Mr Bogdanowicz. There was no evidence available as to what ultimately happened to Jason.
Explaining her actions to the Committee, Ms Roberts said she was upset that Jason's owners wanted him to be euthanised and felt that he could recover if given some love and attention. She had asked Mr Bogdanowicz to discuss this possibility with Jason's owners, but he had refused, agreeing instead that she could continue Jason's treatment at her home. After Jason escaped, Ms Roberts said she was "devastated" and had "panicked", inventing the story of Jason's escape to cover her actions, which she now acknowledged were "wrong" and "stupid", and which she "bitterly regretted". Ms Roberts expressed sorrow and remorse for her behaviour, which she said would never occur again, and stated that being a veterinary nurse was everything to her.
In view of the admitted facts, the Committee judged that Ms Robert's dishonesty and breach of client trust, as well the distinct risk of injury to which she exposed Jason, amounted to serious professional misconduct. In deciding on an appropriate sanction, the Committee balanced a number of aggravating factors (in particular, the forged signature) against Ms Roberts' "strong mitigation", which included her admitting the entirety of the charges against her, her medical and personal problems at the time, the insight she had shown into the effects of her actions on Jason's owners and her previous unblemished career.
Professor Peter Lees, chairing and speak on behalf of the Committee, said: "The Committee has concluded that the Respondent has shown insight into the seriousness of her misconduct and that there is no significant risk of repeat behaviour. In light of the Respondent's admission, her insight, her remorse and the high regard in which she is held by her professional colleagues, it is the Committee's view that the sanction of two months' suspension is appropriate and proportionate."
The Committee's full decisions on facts and sanction are available at www.rcvs.org.uk/disciplinary.
Belfast-based Des Thompson MRCVS was presented with the first ever RCVS Queen's Medal by Her Majesty at Buckingham Palace this afternoon.
Des, pictured right showing off the new medal with his wife Rosalie, received two separate nominations for the medal, both citing his decades of active involvement in veterinary politics which includes being president of the RCVS, the British Small Animal Veterinary Association (BSAVA), the Society of Practising Veterinary Surgeons (SPVS) and the Northern Ireland Veterinary Association, among other organisations.
Also cited was his willingness to help other members of the profession, particularly young vets at the beginning of their careers, through his involvement with organisations such as the Young Vet Network in Northern Ireland and the Veterinary Benevolent Fund.
The Queen's Medal was launched in 2013, with the approval of Her Majesty as Patron of the RCVS, and is now the highest award that can be bestowed upon a veterinary surgeon in recognition of a particularly outstanding contribution to the profession. In receiving the medal, Des was joined by Professor Stuart Reid, current RCVS President, Colonel Neil Smith, immediate past President, and Gordon Hockey, RCVS Registrar.
Des said: "It was a complete honour and a wonderful experience to be received by Her Majesty at Buckingham Palace today, and I'm thrilled to have been awarded the RCVS Queen's Medal. Her Majesty was interested to hear about Northern Ireland, and the fact that I've been practising there since I qualified."
The RCVS Veterinary Nurses Council has decided that the College should cease being an awarding body next year, which means it will no longer offer the vocational Level 3 Diploma in Veterinary Nursing.
The College says it will ensure that the Diploma continues to be available by transferring the intellectual property associated with the qualification, such as the question banks and systems, to another larger awarding body, in a move which is likely to take effect for the beginning of the 2012 academic year.
According to the College, this decision reflects recent changes in the regulatory Conditions of Approval for awarding bodies, which it would have been hard for the College to meet while continuing to offer the Diploma cost-effectively. The changes mainly relate to potential conflicts of interest between the College's primary role, as professional regulator that safeguards standards within the veterinary professions, and its role as an awarding body. The standards-setting role includes the regulation of education and training leading to the veterinary and VN registers, and it was felt that the College could no longer exercise this role effectively if it was also an awarding organisation, as it might be suspected of treating its internal qualifications more favourably, or of obstructing competitors.
Although the College says this has not been a problem in the past, the rules are now more stringent, and the costs of setting up a fully independent awarding body would be prohibitive.
The market for the Diploma is also likely to fragment in the future, with three other awarding bodies expressing an interest in offering a Level 3 Diploma. Any reduction in the number of students taking the RCVS Level 3 Diploma would further push up the costs, potentially making the RCVS Awarding Body unviable. A larger awarding body can take advantage of economies of scale across a range of awards in a way that the RCVS cannot.
Colonel Neil Smith, Chairman of the RCVS Awarding Body Board said: "The RCVS has been offering vocational qualifications since 1998 and the decision to cease being an awarding body has not been taken lightly.
"We have taken this decision in order to focus on our core responsibilities of professional regulation and standard setting. However, we remain committed to maintaining the Diploma, which has been carefully developed by the RCVS and the profession. This move ensures that it will stay in safe hands."
The name of the awarding body to which the qualification will be transferred has not yet been announced because the process is not complete. However, the College says it felt it was important to give those involved with the delivery of training as much notice as possible of the change. More information, and the change-over plan, will be released in due course.
Libby Earle, RCVS Head of Veterinary Nursing said: "Our priority will be effecting a smooth transfer for students, Colleges and training practices, and we are confident that the impact of the change will be minimal. Furthermore, it will be a condition of the transfer that the veterinary profession continues to have a say in the future development of the qualification."
Those students still in the process of completing the old NVQ qualifications, the accreditation of which is due to run out in 2013, will continue to be serviced by the RCVS.
As the professional regulator, the College will continue to issue RCVS certificates and badges to those who have successfully completed a registerable qualification - such as an approved vocational qualification run by another awarding body, or an RCVS-recognised veterinary nursing degree.
The Advanced Diploma in Veterinary Nursing will be unaffected by the change as the qualification is awarded by the College under its Royal Charter powers.
The Privy Council has overturned an RCVS Disciplinary Committee to strike Leeds-based Dr Gary Samuel MRCVS from the Register following his conviction for theft, common assault and a public order offence at Cardiff Magistrates' Court in November 2011.
The Disciplinary Committee had agreed the sanction following a hearing in February 2013, at which it decided that Dr Samuel's conviction made him unfit to practise veterinary surgery.
Dr Samuel appealed the decision and the Privy Council heard the case on 26th March.
Dr Samuel had been sentenced by Cardiff Magistrates' Court to concurrent terms of 28 days' imprisonment for theft and common assault and 12 weeks' imprisonment for the public order offence, all suspended for 12 months. He had also been ordered to carry out 140 hours' unpaid work and to pay compensation of £75 and costs of £625. The charges related to an incident involving Dr Samuel and his neighbour, described by the Privy Council as "a spontaneous outburst in the course of an angry quarrel between neighbours", for which it felt that the Disciplinary Committee's sanction of removal from the Register was "disproportionately severe."
The Privy Council felt that, in making its decision, the Disciplinary Committee followed too closely the verdict reached by the Magistrates' Court, and did not take mitigating circumstances sufficiently into account, including whether the attack by Dr Samuel on his neighbour had been provoked by racial abuse.
Delivering the Privy Council's judgment, Lord Toulson said: "It is apparent from the reasons given by the Committee, both on the question of fitness to practise and on the question of sanction, that it was considerably influenced by the fact that the magistrates imposed a suspended prison sentence.
"Although Dr Samuel pleaded guilty to the theft of the camera and he was not in entitled to go behind his plea, it is nevertheless difficult to understand on the evidence how the prosecution would have proved that there was an intent permanently to deprive [the victim] of it. In all the circumstances, it is hard to conceive that the court would have considered that the offences truly passed the custodial threshold for a person of good character, if it had not had the power to suspend the sentence... Dr Samuel's conduct was thoroughly reprehensible, but the Board [Privy Council] does not consider that its gravity was such that it would be in the interests of the public now to remit the case to the Committee".
Dr Gary Samuel will not now be removed from the Register
The Privy Council's judgment can be read in full at http://jcpc.uk/decided-cases/index.html
The RCVS) has announced that 5 candidates are standing in this year's RCVS VN Council elections - an increase of one from last year.
The candidates are:
Kathy Kissick, Chairman of VN Council, said: "I'm really pleased there is an increase in VN candidates this year, especially on the back of the marked increase in VN turnout that we saw in last year's elections. With all the changes continuing to face the VN profession, I can't stress enough how important it is for all veterinary nurses to get involved in our Council elections and I'd like to wish all five candidates the best of luck!"
In a slightly later start to the voting period this year, ballot papers and candidate details for the elections will be posted on 19 March 2014, and all votes must be cast, either online or by post, by 5pm on Friday, 25 April 2014.
In the meantime, the College is inviting all voters to think about the one question they would like to put to the candidates and submit it in time for this year's 'Quiz the Candidates', to be broadcast by the Webinar Vet at 8:00pm on the evening of 20 March. All questions received will be put to the candidates, who will each then answer two questions of their choice, as well as explaining what they consider sets them apart as a potential Council member.
Questions (one per person) for RCVS VN Council candidates should be submitted to the RCVS by 12 March via its dedicated election websites, available soon at www.votebyinternet.com/VNvote14, on twitter using the hashtag #VNvote14, or by email to VNvote14@rcvs.org.uk.
The RCVS Council has announced its agreement with wholesale reform of the College’s governance arrangements to improve the efficiency and accountability of its decision-making processes.
The changes agreed by Council included almost halving the number of Council members and formalising lay and veterinary membership.
Under the proposals approved by Council it would be reduced to 24 members – comprising 13 elected veterinary surgeons (constituting a majority of Council), six appointed laypeople, three members appointed on behalf of the UK veterinary schools and two veterinary nurses. There would also be the option to appoint an additional member on behalf of any allied professions that RCVS Council may choose to regulate as associates of the College.
Professor Stuart Reid, Senior Vice-President of the RCVS and Chair of the Governance Panel that developed the recommendations, said: "I am delighted that Council so fully supported our proposals for a new structure. The new composition will ensure that both veterinary nurses and laypeople have a guaranteed place at the Council table, as well as maintaining a majority of elected veterinary surgeons and important input from the veterinary schools.
"The proposal recognises the unique nature of the RCVS and will allow us to expedite our decision-making process, making us more fleet of foot and better able to respond to the needs of the profession and the public. It has also been constructed to allow Council to evolve its position, ensuring it remains relevant into the future. If all goes well we hope that the changes could come into force as soon as March 2017."
Liz Cox, the Chair of VN Council, particularly welcomed the changes in respect of veterinary nursing representation on RCVS Council, adding: "It is an historic decision for veterinary nurses and one that has been long awaited. It is only right that those who work so closely alongside veterinary surgeons in practice should have a direct input into regulation that affects us all."
Council’s approval of the recommendations was the culmination of two years of debate and consultation with the profession and other stakeholders. This included a formal consultation by the Department for Environment, Food and Rural Affairs (Defra) last year which garnered 52 responses – including from the British Veterinary Association - most of which were supportive. Different options for reform had, in turn, been developed by a Governance Panel, chaired by Professor Reid, which was set up by Council in March 2015 to consider various options.
Defra will now run a short informal consultation to provide those who responded to the initial consultation the opportunity to comment on the proposed reforms. If no issues are raised Defra officials will seek approval from the Government to proceed with a legislative reform order (LRO) to make the necessary changes to the Veterinary Surgeons Act.
This LRO will be scrutinised by parliamentary committee and voted on in both the House of Commons and House of Lords. Once this has been passed there will be a three-year transitional period, agreed by Council members, during which Council’s numbers would be gradually reduced.
The Royal College of Veterinary Surgeons is seeking feedback on a new draft Code of Professional Conduct for Veterinary Nurses.
The new draft Code, which would replace the existing RCVS Guide to Professional Conduct for Veterinary Nurses, has been produced by a Working Party set up by the RCVS Advisory Committee to review the Guides for both veterinary surgeons and veterinary nurses.
It is the benchmark for professional conduct against which registered veterinary nurses will be measured in any hearings on serious professional misconduct held by the recently-introduced VN Disciplinary Committee.
The purpose of the review is to ensure that guidance to the profession, and the public, is clear, for example, using consistent language to distinguish between what must be done and what is advised.
The new Code is a short, principles-based document, using the Federation of Veterinarians of Europe's Code of Conduct as the starting point. It will be supported by additional advice on specific areas of veterinary practice or issues, for example, clinical governance.
The consultation follows an earlier one for a new draft Code for veterinary surgeons that closed at the end of June: the new Code for veterinary nurses follows the format and style of that for veterinary surgeons. Comments made during the veterinary surgeon consultation will be taken account of alongside comments made during this new consultation.
For the first time, the draft proposes that veterinary nurses make a declaration on joining the VN Register, which underlines the primary importance of animal health and welfare: "I PROMISE AND SOLEMNLY DECLARE that my constant endeavour will be to ensure the welfare of animals committed to my care and that I will pursue the work of my profession with integrity and accept my responsibilities to my clients, the public, the profession and the Royal College of Veterinary Surgeons."
Comments on the proposed draft are invited from the veterinary nursing profession, the veterinary profession and the public, particularly on the issue of whether the Codes for veterinary nurses and veterinary surgeons ought to be combined.
Andrea Jeffery, the RCVS Veterinary Nurses Council member who led the group tasked with developing the new Code, said: "It is 50 years since the start of the veterinary nursing profession and the changes proposed in the Code reflect the development of our professional role over this time.
"This new Code is a simplified document that focuses on key principles and which will be supported by more detailed guidance. Although it follows the format of the draft Code for veterinary surgeons, it is important that we recognise our unique position as veterinary nurses."
The new Code, together with the consultation paper, can be downloaded at www.rcvs.org.uk/VNcodeconsultation.
Comments should be sent by email to Christopher Murdoch, Secretary to the Guides Review Working Party, at c.murdoch@rcvs.org.uk by Friday, 21 October 2011.
Warwick Seymour-Hamilton, a former veterinary surgeon who practised in Kent, has had his third application for restoration to the Register refused by the RCVS Disciplinary Committee this week.
Mr Seymour-Hamilton was struck off in 1994 following an inspection of his premises, equipment and facilities in Orpington, which were found to be in such poor condition that it constituted a risk to the health and welfare of animals brought to the practice and brought the profession into disrepute.
Mr Seymour-Hamilton had made two previous restoration applications in July 1995 and June 2010. Both of these were refused on the grounds of poor preparation for re-entering practice life as, in both cases, he had made no attempt to engage in continuing professional development or visit and observe other veterinary practices.
Representing himself at this week's hearing, Mr Seymour-Hamilton said that, since the 2010 hearing, he had further developed an interest in herbal medicine and, after visiting a number of veterinary practices in continental Europe, had attended the College of Naturopathic Medicine in Dublin, gaining a qualification in herbal and naturopathic medicine. He told the Committee that he currently worked as a herbalist and naturopath with human patients but wanted to widen his work and research to include animal patients.
The Committee was concerned by his answers to a number of questions, Mr Seymour-Hamilton having described the hearing as an 'exploratory meeting' and indicating a lack of knowledge in a number of areas to do with veterinary practice and its regulation. The Committee felt that this demonstrated a fundamental lack of understanding as to its function and terms of reference.
Professor Noreen Burrows, chairing the Committee and speaking on its behalf, said: "The Committee expresses its surprise and concern at the lack of preparation for this hearing by the applicant, given that these issues have arisen at his previous restoration hearings, and that the result of a positive finding in favour of him would be his ability to practise unfettered as a veterinary surgeon forthwith."
In particular the Committee highlighted Mr Seymour-Hamilton's lack of understanding of the regulatory framework for veterinary practice as set out in the RCVS Code of Professional Conduct, the requirements of continuing professional development and what 'fitness to practise' meant, beyond the practical issues of his physical and mental capacity.
Professor Burrows added: "Based on all of the evidence available to the Committee it is very clear that he has failed to satisfy... that he is fit to be restored to the Register and this application is therefore dismissed."
The Committee's full findings and decision are available on the RCVS website (www.rcvs.org.uk/disciplinary).
The RCVS Disciplinary Committee has suspended a London-based veterinary surgeon from the Register for six months, having found that her falsification of clinical records amounted to serious professional misconduct.
At the two-day hearing, Dr Nicola Ersilova was charged with, and admitted to, three separate incidences of false and dishonest clinical record keeping following her treatment of a collapsed cat, whilst working at Vets Now in Thamesmead, London.
The Committee heard how Dr Ersilova had suspected that Lafite the cat, belonging to Mr Yingzhan Xiao, had been poisoned, so administered fluids and treated her with Lidocaine. A lay colleague, who was assisting with the treatment, subsequently observed Dr Ersilova standing staring at the cat, which had stopped breathing, then leaving the room to go and speak to Mr Xiao. The lay colleague's evidence confirmed to the Committee that Lafite's heart was still beating at this point, and that Dr Ersilova was then heard telling Mr Xiao that Lafite had died while being treated. The lay colleague later discovered that Dr Ersilova had listed calcium gluconate on Mr Xiao's bill and not Lidocaine and, when she questioned the entry, Dr Ersilova told her she was worried about getting into trouble if she had listed Lidocaine.
Whilst reporting these irregularities to the senior veterinary surgeon at Vets Now, the lay colleague noticed that Dr Ersilova had also written "CPR unsuccessful" in the notes, although she was certain CPR (cardiopulmonary resuscitation) had not been attempted.
During a subsequent Vets Now investigation, Dr Ersilova admitted adding this false information concerning Lidocaine, calcium gluconate and CPR, saying during interview that she was aware it was serious professional misconduct and that she was prepared to take the consequences. Vets Now reported the matter to the RCVS.
The Committee considered that all evidence before it fully supported the charges against Dr Ersilova, that her conduct was clearly dishonest, and that her actions were inexcusable, especially for someone as experienced as she was. It stated that a veterinary surgeon's duty to make only truthful and accurate records was so manifest and well known to veterinary surgeons that there could be no real excuse to make such false, misleading and dishonest entries.
The Committee highlighted the comment by Dr Ersilova that she knew she had done something wrong but did not expect her colleague to report her, as providing no explanation, or excuse, for doing something which she knew to be wrong.
A number of submissions were made to the Committee in mitigation, including that Dr Ersilova had admitted her dishonesty to both her employers and the Committee; had an otherwise unblemished record over 22 years of practice; had received no immediate financial gain by her actions; and, did not cause any animal suffering.
Accepting these submissions, the Committee nevertheless felt it needed to balance them against other factors. Dr Ersilova's decision to falsify the records was premeditated and had not been taken without an opportunity for full reflection. There were numerous entries in the RCVS Code of Professional Conduct that highlighted the importance of professional integrity and accuracy, and, given the importance which the Code attached to the duty of veterinary surgeons to be truthful and honest in all their dealings with their clients, the Committee found Dr Ersilova's conduct to be "most reprehensible".
Speaking on behalf of the Disciplinary Committee, its Vice-Chairman, Professor Sheila Crispin, said: "It is of great importance that the public should be able to retain confidence in the honesty and integrity of members of the profession. Both the public and other members of the profession must be entitled to rely on the truthfulness of what a veterinary surgeon has written in the clinical records of any animal [they have] treated.
"It is [our] decision that the sanction of suspension adequately reflects the seriousness of the [Dr Ersilova's] conduct. The sanction imposed is ... the most appropriate to inform the profession how seriously such dishonest conduct will be taken, because such conduct clearly brings the profession into disrepute and ... cannot and will not be tolerated."
The Committee then concluded that the least period of suspension that could be justified was one of six months.
The RCVS Disciplinary Committee has directed that the name of a veterinary surgeon who formerly practised in Norwich should be removed from the Register, having found him unfit to practise veterinary surgery following his Crown Court conviction for fraud.
During the one-day hearing, the Disciplinary Committee heard how Francisco da Cruz had abused his position whilst practising as a veterinary surgeon at Hellesdon Vets, his then workplace in Norwich, by defrauding a insurance companies of around £10,000 with fictitious claims for veterinary treatment on non-existent pets.
Following an investigation by the City of London Police's Insurance Fraud Enforcement Department (IFED), Mr da Cruz was convicted on five counts of fraud by false representation on 21 February 2013 at the Old Bailey in London, and later sentenced to eight months' imprisonment (suspended for two years) and 200 hours of unpaid community work; he was also ordered to pay just over £10,000 in compensation and costs.
Although Mr da Cruz had left the UK for Brazil shortly after his sentencing and was therefore not present at the hearing, the Committee was satisfied that he was deliberately evading the disciplinary proceedings, rather than being genuinely unable to participate in them, and so the hearing proceeded in his absence.
First accepting the copy certificate of conviction against Mr da Cruz as true, the Committee then had no hesitation in concluding that these convictions rendered him unfit to practise as a member of the veterinary profession. It found that the five counts of fraud were deliberate crimes of dishonesty, committed over a significant period of time and for significant financial gain. He had abused his position as a veterinary surgeon and abused the trust which the insurers placed in him as a professional.
Chairing and speaking on behalf of the Committee, Professor Peter Lees, said: "The Committee has no real confidence that there is no significant risk of repeat behaviour from the Respondent. His conduct subsequent to the criminal proceedings gives it no confidence that he has reformed himself to the extent that he will in the foreseeable future be fit to return to practice. So far from satisfactorily completing his criminal sentence, it appears that the Respondent has deliberately gone abroad to avoid doing so."
Bearing in mind that the purpose of any sanction it imposed was not to punish Mr da Cruz, but to maintain public confidence in the profession and uphold proper standards of conduct within it, the Committee concluded that the convictions were too serious to allow any sanction other than removal from the Register.
The full details of the Committee's decisions are available on the RCVS website (www.rcvs.org.uk/disciplinary).
It’s very significant because it’s the first time the College has produced material for practices that highlights the responsibilities of pet owners, as well as those of veterinary surgeons and nurses.
As such, it should be a really useful tool to support the advice given by veterinary surgeons and nurses in practice.
In other words, don’t just stick it on the wall in some hidden part of the waiting room. Display it prominently by the reception desk, and point to it when explaining why owners need to make their own arrangements to bring the animal into the practice in emergency, for example. Or why you can’t prescribe drugs when you haven’t seen the animal for 8 years.
The idea for the poster was first mooted by Jonathan Wray MRCVS in the forum on VetSurgeon.org, after he’d seen a similar thing produced by the French regulator for veterinary practices in France.
VetSurgeon.org decided to produce an English version with input from vets as to what they would like a UK version of the poster to say.
On reflection, however, it was always something which would carry so much more clout if it came from the regulator, so we turned the idea over to the RCVS.
To its great credit, the College ran with the idea and had the poster designed and put through its Standards Committee. The result has now been posted to all practices in the UK, with a pdf version available to download from www.rcvs.org.uk/poster.
The RCVS is now inviting feedback about the poster at communications@rcvs.org.uk.
If you like the poster, I really do urge you drop the College a quick line at that email address and say so. Better still - and I will probably be put on the naughty step for saying this - cc L.Lockett@rcvs.org.uk and i.holloway@rcvs.org.uk. It was they who took the idea forward and made it happen. I think they deserve a round of applause.
All veterinary surgeons, veterinary nurses and VN students are to be invited to take part in an RCVS survey of their profession and, for the first time, these surveys will measure mental wellbeing at a population level.RCVS Registrar, Jane Hern said: "Both surveys are being undertaken on our behalf by the Institute of Employment Studies - an independent research organisation. As in previous surveys, all the data will be anonymised by the IES before being shared with us. This will ensure individuals cannot be identified."The information will provide a snapshot of the veterinary profession and help the RCVS to understand and analyse changing trends. Some of the anonymised data will also be shared with researchers at Defra and at the School of Medicine, University of Southampton, who will analyse selected topics in more depth.Jane added: "These surveys produce very useful information about the veterinary and veterinary nursing profession, not least because they usually get a good response rate.
"We will use the information, for example, in our discussions about new veterinary legislation, 24/7 and the Professional Development Phase for newly-qualified vets. So please make sure that you send the form to the IES - or fill it in online - before 8 February."The RCVS normally surveys veterinary surgeons every four years, and last surveyed veterinary nurses in 2008. To obtain concurrent data regarding vets and VNs, both these surveys are taking place at the same time. Forms can by sent back in the freepost envelope provided, or completed online at www.employmentresearch.co.uk/vs2010.htm (vets) and www.employmentresearch.co.uk/vn2010.htm (VNs). The findings of previous studies can be found at www.rcvs.org.uk/surveys.
The RCVS Disciplinary Committee heard two charges against Dr Nemes, the first being that he had posted comments on social media about another veterinary surgeon, his employer, Dr Toth, which were offensive and/or derogatory and/or inappropriate.
The second charge was that Dr Nemes had posted his comments without having sufficient regard to maintaining their confidentiality and/or privacy.
Dr Nemes admitted the charges, though he did inform the Committee that his admission with respect to the second charge was caveated by the proposition that the comments were posted in private messages on Facebook with a limited membership, namely employees of Healers Veterinary Centre (Dr Toth’s practice).
The Committee noted the Respondent’s admissions as to the charges raised against him and pronounced the facts found proved.
In relation to the first charge, the Committee found that the comments on social media were, without a doubt, highly unprofessional. They included offensive language, were gratuitously personal against Dr Toth, and were made within an online chat which included junior lay staff, all employed by Dr Toth.
This behaviour was seen to directly contravene a numbers of parts of the RCVS Code of Professional Conduct, in particular Paragraph 5.3 that states: "Veterinary Surgeons and Veterinary Nurses should not speak or write disparagingly about another Veterinary Surgeon or Veterinary Nurse."
In relation to the second charge, the Committee found that Dr Nemes had paid no regard to maintaining the confidentiality and/or privacy of his malicious and damaging entries to the chat.
At the outset of his evidence, Dr Nemes admitted that the proven charges amounted to serious professional misconduct. The Committee noted however that the question of whether he was guilty of serious professional misconduct or not was in fact a matter for it to decide, notwithstanding his admission.
The Committee considered the fact that the period of time that Dr Nemes was involved in making postings was effectively about two weeks, that his involvement followed his wife’s dismissal from employment (representing a breach of Dr Nemes’ resignation conditions), and that he was very stressed at the time.
It also considered Dr Nemes’ point that he had never anticipated that Dr Toth would see the Facebook Messenger conversation, and that the relevant RCVS supporting guidance to the Code concerning good practice when using social media and online networking forums was only published in late November 2014 when Dr Nemes’ involvement in the conversation was virtually at an end.
In summing up, Ian Green, Chair of the Committee, said: "The Committee carefully considered the circumstances surrounding the Facebook Messenger entries which the Respondent posted from 13 November 2014. It noted that at the time he had handed in his resignation, morale at the practice was very low. The Facebook Messenger chat site had been started amongst the receptionist/animal carers. A perusal of the entries before the Respondent joined on 13 November 2014 demonstrates that morale was low among that group.
"…Notwithstanding the nature of the remarks posted on the Facebook Messenger, which the Committee deplores, it has reached the conclusion that, whilst the Respondent’s behaviour amounts to misconduct and falls short of the standards expected of a member of the veterinary profession, it does not amount to serious misconduct and does not fall far short.
"In the circumstances it has reached the unusual conclusion that, notwithstanding the Respondent’s admission, the appropriate finding is that he is not guilty of disgraceful conduct in a professional respect."
The Disciplinary Committee heard that Mrs Garfield had told a representative of the Retired Greyhound Trust (RGT) that she had possession of a greyhound called Lola, that she proposed keeping Lola living with her as an adoptee, and that she would not relinquish possession of Lola except to the RGT. This was despite the fact that, at the time of signing the adoption agreement, she had already given Lola to another charity named Greyhound Gap and that, as a result, her conduct was misleading and dishonest.
In considering the facts of the case, the Committee found the charges and all constituent parts proven and went on to consider whether this amounted to disgraceful conduct in a professional respect.
Judith Way, chairing the Committee and speaking on its behalf, said: "The end result of the respondent’s decisions and conduct meant that RGT was persuaded to pass lawful possession and ownership of the dog Lola to the respondent when it would not have agreed to do so had it been told the truth by her.
"In truth, the respondent was not going to adopt and re-home Lola herself. Instead the respondent’s plan and intention was that Lola should be passed on to a third party who had been recommended by a rival dog rescue charity for rehome and adoption."
Judith added: "The consequence was that a social media dispute broke out when the rival dog charity decided to attempt to take advantage of the erroneous belief of the respondent that a decision had been taken by RGT to put Lola to sleep. The publicity generated by the respondent’s erroneous belief… was obviously adverse…. The gravamen [seriousness] of the respondent’s dishonest conduct was that she set one dog rescue charity against another, caused them to spend publicly raised funds on a legal dispute about who should be allowed to retain Lola when those precious funds ought, instead, to have been spent on their charitable objectives."
The Committee judged that the charge and its parts constituted serious professional misconduct and went on to consider the sanction against Mrs Garfield.
In considering the proportionate sanction the Committee took into account both mitigating and aggravating factors. In terms of aggravating factors the Committee considered that the dishonesty was pre-meditated, that she accused members of a rescue charity of lying and demonstrated no or only minimal insight into her wrongdoing. In mitigation the Committee considered that Mrs Garfield had cooperated with the College in its investigations, that she had acted in the genuine belief that she was acting in the best interests of Lola and that her conduct did not put Lola at risk or cause her to suffer any adverse consequences as a result. The Committee also accepted the testimonials and positive evidence from colleagues.
However, the Committee decided that removal from the Register would be the only appropriate sanction.
Summing up Judith Way said: "The reputational consequences for RGT were potentially significant bearing in mind that it is a rescue organisation with some 57 or so branches across the country. All of these consequences, actual and potential, stem from the respondent’s premeditated act of dishonesty in relation to which the Committee considers she showed very limited insight prior to this disciplinary hearing, as she did during the course of this hearing.
"In the result, it is the conclusion and decision of this Committee that the only proper sanction that can be imposed in this case is that the respondent’s name should be removed from the Register.”
Mrs Garfield has 28 days from being informed of the Committee’s decision to appeal.
The Veterinary Nurses Council of the RCVS is seeking nominations from veterinary surgeons and VNs for its Golden Jubilee award by 8 May 2012.
The award recognises an exceptional contribution made to the veterinary nursing profession and/or a positive contribution to animal welfare. The Golden Jubilee award was inaugurated to mark the 50th anniversary of veterinary nurse training, in 2011, and the first award was presented to Jean Turner in 2011 for her lifetime contribution to veterinary nursing.
Liz Branscombe, Chairman of the VN Council said: "This is a prestigious award and a great opportunity to recognise someone who has made a positive impact on our profession.
"VN Council feels strongly that the award should be accessible to a wide spectrum of individuals, so nominees could come from veterinary nurses or veterinary surgeons involved in clinical practice, research, teaching or politics - in fact, any aspect of veterinary nursing."
Both veterinary surgeons and VNs are eligible to make nominations, or to be nominated for the Golden Jubilee award; nominations should be received by 8 May 2012. More information, together with the nomination form, can be found at www.rcvs.org.uk/jubileeaward.
The award will be presented at RCVS Day on 6 July 2012.
The Committee heard seven charges against Dr Elefterescu. The charges were:
In September 2015, in relation to a male cat called Kitty Brown, he failed to undertake an adequate examination prior to surgery and that he undertook an unnecessary laparotomy.
In February 2016, in relation to a male cat called Storm Page, he failed to undertake an adequate clinical examination prior to anaesthesia and made dishonest or misleading entries in the clinical records stating that he had undertaken a full clinical examination.
In February 2016, in relation to a male cat called Sampson Page, he failed to undertake an adequate clinical examination prior to anaesthesia and made dishonest or misleading entries to the effect that he had undertaken a full clinical examination.
In February 2016, in relation to Tibial Plateau Levelling Osteotomy (TPLO) surgery performed on a female Bichon Frise called Lucy Allen, he failed to undertake adequate examinations into the possibility of a cranial cruciate ligament rupture or failed to record the same; performed the TPLO surgery with insufficient clinical justification; performed the surgery inadequately; failed to take steps to rectify inadequate surgery having obtained post-operative radiographs; made dishonest/ misleading entries into clinical records; and, in a letter to the RCVS on 7 August 2016, made dishonest and misleading comments.
In February 2016, in relation to a male cat called Kipper Morley, he failed to take and record a sufficiently detailed history; failed to undertake an adequate clinical examination; that, having noted the possibility that Kipper might have anaemia, he failed to make arrangements for urgent investigations to be undertaken; that, having decided to administer intravenous fluids to Kipper, failed to make arrangements urgently; and failed to keep clear, accurate and detailed clinical records.
Between September 2015 and February 2016, he failed to keep clear, accurate clinical records in relation to seven cases.
In February 2016, in relation to a male cat named Chino Biggs, he failed to undertake adequate clinical examination and dishonestly made entries in the clinical records saying that he had undertaken aspects of an examination when he had not done so.
Having heard evidence from complainants, witnesses (including expert witnesses) and the respondent himself the Committee determined that the facts of all the charges were proven – with the exception of part of Charge 6 regarding his keeping inadequate clinical records in relation to a male cat called Dax Parham.
The Committee then went on to consider whether the proven charges, both individually and cumulatively, amounted to serious professional misconduct. In relation to the first and fifth charges the Committee found that, while Dr Elefterescu’s conduct fell below what was expected of a professional veterinary surgeon – they did not constitute serious professional conduct.
In relation to the parts of the second, third, fourth, sixth and seventh charges that were found proven, the Committee determined that each constituted serious professional misconduct.
In relation to these determinations, Ian Arundale, chairing the Committee and speaking on its behalf, said: "The respondent’s clinical failures… are very serious, amounting as they do to failures in the basics of animal care and resulting in suffering to the animal. They involve widespread breaches of the Code, including not only the obligation in relation to animal health and welfare… but also the specific obligations of the Code in relation to record keeping.
"In addition to his clinical and record keeping failures the respondent has been found to have acted dishonestly. This dishonesty would have impacted upon professional colleagues and any owner who viewed the records. It has the potential to undermine public confidence in the profession. The respondent was also dishonest in a letter written in August 2017 to his regulator."
In considering Dr Elefterescu’s sanction, the Committee took into account a number of aggravating and mitigating factors.
Aggravating factors included actual and risk of injury to animals, dishonesty, recklessness, breach of client trust, repeated misconduct and limited insight into his failings.
In mitigation the Committee considered that, at the time of the misconduct, the respondent was new to the UK, he had language difficulties which resulted in communication problems, that he was unfamiliar with UK veterinary computer systems and procedures, that he is of good character, that he has taken steps to avoid a repetition of his misconduct and that there have been no subsequent complaints since the dates of the matters in the charges.
However, the Committee found that, in light of the seriousness of the charges found against him, the only sufficient sanction was to direct the Registrar to remove Dr Elefterescu’s name from the Register.
Mr Arundale, commenting on the sanction, said: "The respondent’s misconduct involved very serious departures from the professional standards set out in the RCVS Code…. In particular, the unnecessary surgery (both the initial and revision) carried out on Lucy Allen constituted very serious harm to an animal. The Committee considers that the respondent’s lack of insight into his failings, and his wholly unjustified confidence in his abilities constitute an ongoing risk to animal welfare. In these circumstances, the Committee has determined that the only sanction which is appropriate and proportionate, in order to ensure the welfare of animals, the public interest and the reputation of the profession, is to direct the respondent’s removal from the Register."
Dr Elefterescu has 28 days in which he can lodge an appeal with the Privy Council regarding the Disciplinary Committee’s decision.
The RCVS is seeking the views of veterinary surgeons, veterinary nurses and members of the public about proposals for a new Royal Charter which would clarify and underpin the role of the College and give it formal recognition as regulator of the veterinary nursing profession.
The new Charter, approved at a meeting of RCVS Council in November, would replace the 1967 Supplemental Charter, with the most far reaching change being a proposal to make veterinary nursing a formally regulated profession on a similar footing to veterinary surgeons. Veterinary nurses would become associates of the College and have the post-nominal letters RVN. The List and the Register of Veterinary Nurses would also be effectively combined, meaning that the 1,100 listed veterinary nurses would join the 10,500 already on the Register.
Under the proposals registered veterinary nurses would continue to need to fulfil certain responsibilities, including abiding by the Code of Professional Conduct and completing an average of 15 hours a year of continuing professional development, and would be subject to RCVS disciplinary procedures.
What's new is that individuals struck off from the Register for serious professional misconduct would no longer be able to give medical treatment or carry out minor surgery under veterinary direction.
As well as changes to the regulation of veterinary nursing, the proposed Charter would also more clearly state the role and remit of the RCVS, for example, in advancing standards through the promotion of continuing professional development and the Practice Standards Scheme.
Professor Stephen May, a member of RCVS Council who led the Legislation Working Party that developed the new Charter proposals, said: "The proposed new Charter represents an historic opportunity to affirm the role of the RCVS, and to provide a modern framework for the future regulation of the professions. I call on veterinary surgeons and nurses, together with other interested stakeholders, to read the consultation documents and support our proposals."
Speaking about the need for change, RCVS President Neil Smith added: "The consultation paper explains why it is time to replace the 1967 Charter with a new version which sets out the role of the College. The present Charter doesn't explain what objects the RCVS should set out to achieve, and it is silent about veterinary nurses. The remit of the College should include being the regulator for the veterinary nursing profession, and we want a new Charter to recognise registered veterinary nurses.
"We hope that the new Charter will provide a solid basis for the work of the College for years to come. We would urge members of the professions and the public to let us know what they think and help us to make sure that we have got it right."
The consultation paper, which contains further details about the proposed Charter, is available to download at www.rcvs.org.uk/consultations. Those who wish to have their say must respond to b.myring@rcvs.org.uk with their comments by Friday 7 February 2014.
The RCVS will also be organising a meeting and a webinar during the consultation period for those who wish to ask questions about the proposals. Those interested in attending a meeting should email b.myring@rcvs.org.uk. The webinar will be held early in 2014 - further details will be on www.rcvs.org.uk in due course.
The RCVS has published a summary of the goings on at its 6 November meeting.
Amongst other things, Council agreed to continue to display postnominals in the Register, undertake a consultation on whether members should be able to use the courtesy title 'doctor' and make amendments to the College's current registration regulations.
In addition,
More information about these decisions can be found in the latest edition of RCVS News, copies of which have been sent to all veterinary surgeons and listed/registered veterinary nurses.
The full papers for the Council meeting can be found on the RCVS website at www.rcvs.org.uk/about-us/rcvs-council/council-meetings
The RCVS Disciplinary Committee has struck off the Register a veterinary surgeon who delayed attending a dog that had been run over at a farm, causing her to suffer unnecessarily.
Following a two-day hearing, the Disciplinary Committee found Munhuwepasi Chikosi guilty of unreasonably delaying attending Mitzi, a fourteen-and-a-half-year-old Labrador cross, and of unnecessarily causing her to remain in pain and suffering for at least an hour.
On 9 September 2011, Mr Chikosi had been working as a locum veterinary surgeon at the Vets Now out-of-hours emergency service in Barton-le-Clay, Bedford, when Mitzi's owner telephoned him to say that his dog was severely injured and to request a home visit for the purpose of euthanasia.
At Mr Chikosi's request, the owner attempted to bring Mitzi into the practice using a blanket. However, it was not possible to get Mitzi into a Land Rover, and she uncharacteristically bit the owner's son, so her owner called the practice again.
Mr Chikosi repeated the request to bring the dog in, saying that he was unable to leave the practice because he was looking after other animals, but that he could possibly organise another veterinary surgeon to visit "probably within the next hour or two".
The Committee considered Mr Chikosi's actions in context of the RCVS Guide to Professional Conduct 2011, which listed a number of factors for veterinary surgeons to consider when deciding whether to attend an animal away from the practice premises.
These included the likely treatment needed, the possibility of the animal being safely conveyed to the veterinary surgery, the health status of the animal and ability of the owner to manage the animal's pain until veterinary attention could be sought during normal hours, and travelling time for the veterinary surgeon.
However, the Committee found Mr Chikosi had made no enquiries to determine whether Mitzi was in a fit condition to be moved, and offered no advice as to how her condition could be alleviated whilst waiting for the home visit. Further, his advice that Mitzi should be moved on a blanket was wrong, as she may have had an injured back.
The Committee concluded that, from the outset, Mr Chikosi took the stance that he was unable to leave the practice because he was the only veterinary surgeon present.
However, the Committee noted, from the information available, that there were only three in-patients, no critical cases and a qualified veterinary nurse was present. The Committee found there was no good reason why he should not have attended the farm, which was only 10 to 15 minutes' drive away.
The Committee said that, by the time Mitzi's owner called a second time, it was clear that the out-of-hours service was experiencing difficulty finding a second veterinary surgeon but, instead of going to the farm himself, Mr Chikosi waited another hour until the second veterinary surgeon arrived at the out-of-hours service.
Professor Peter Lees, chairing and speaking on behalf of the Committee said: "The Committee is satisfied that the delay caused Mitzi unnecessary suffering, which was evidenced by her uncharacteristically biting [her owner's] son. [Her owner] had recognised the severity of the injuries and the need for euthanasia as soon as was practicable. [Mr Chikosi's] failure to attend a seriously injured dog promptly in the circumstances described falls far short of the conduct to be expected of a reasonably competent veterinary surgeon."
He directed that Mr Chikosi's name be struck off the Register.
Guidance for veterinary surgeons and veterinary nurses on client confidentiality and microchipping has been amended by the RCVS.
The amendments deal with situations when a client presents an animal registered in another person's name, and a new flow diagram has been added to provide additional practical advice for vets and VNs dealing with these types of situations.
Animals can be registered in a different name to that of the client for various reasons. For example, an animal may have been re-homed or sold, but the details on its microchip have not been updated; it could have been stolen; or, the owners may be involved in a civil dispute.
Veterinary surgeons in practice may be unsure what to do in these situations. The new guidance informs veterinary surgeons about their options and provides advice on client confidentiality and data protection issues.
The College advises that veterinary nurses employed by a veterinary surgeon or practice should discuss the issues with a senior veterinary surgeon in the practice before breaching client confidentiality.
The amendments apply to Chapter 14 of the supporting guidance to the RCVS Code of Professional Conduct. The supporting guidance and flow diagram are available at: www.rcvs.org.uk/confidentiality.
The new, non-statutory Register for veterinary nurses opened yesterday. 3329 VNs were automatically included (having been listed with the RCVS since 2003). The remainder joined the list voluntarily.
RVNs are obliged to undertake 45 hours of CPD over 3 years, and to follow the Guide to Professional Conduct for Veterinary Nurses.
To help promote the new title, the RCVS has sent a poster to all newly registered RVNs to display in their practices. More promotional materials are in the pipeline.
The RCVS Disciplinary Committee has dismissed an application to be restored to the Register of Veterinary Surgeons from a former Kent-based veterinary surgeon, Warwick Seymour-Hamilton.
Mr Seymour-Hamilton was originally removed from the Register in June 1994 for failing to maintain his equipment and facilities such that it evidenced a total disregard of basic hygiene and care for animals, thereby bringing the profession into disrepute.
The restoration hearing on Friday 18 March was Mr Seymour-Hamilton’s fourth application for restoration, with previous applications being submitted but refused in July 1995, June 2010 and January 2015. However, as the Committee made its decision on the merits of the case before it, those previous applications were not admitted as relevant to its decision.
Mr Seymour-Hamilton told the Committee that he currently works as a herbalist and naturopath for humans and wished to be restored to the Register so he could include animals in his research. He had completed a course in herbal and naturopathic medicine at the College of Naturopathic Medicine in Dublin in 2010, and told the Committee that he believed that being restored to the Register would lend credence to his endeavours to secure funding and other support. He stated that he did not intend to work again in a veterinary practice.
However, the Committee rejected his application on a number of grounds, including the impact on animal welfare should Mr Seymour-Hamilton be restored to the Register; the length of time he had been off the Register and the fact that he was therefore not up-to-date with contemporary veterinary practice and professional conduct; and that his efforts to keep up-to-date in terms of knowledge, skills and developments in practice were insufficient.
Judith Webb, chairing the Committee and speaking on its behalf, said: "The Committee is concerned about the length of time that has passed since he last practised and the paucity of the evidence he has provided to establish that, if permitted to return to practice, he would be able to attain the professional standards required of a modern veterinary practitioner, either as regards surgical capabilities/competence or as regards his knowledge of currently available veterinary medicines."
She added: "This Committee’s obligations and duties are to see that the interests of animal welfare are properly protected by ensuring that only those who are properly trained, knowledgeable and experienced are permitted to treat animals and that public confidence in the standards of the profession are maintained. The risks attendant on a restoration of this applicant to the Register are, in the judgement of this Committee, plain and obvious. Accordingly, this application is refused."
The RCVS Disciplinary Committee has dismissed a charge against Nicholas Robert William Horniman MRCVS, a veterinary surgeon from Cinderford, Gloucestershire, that alleged he was guilty of pet insurance fraud, along with one of his clients, and of dishonestly altering clinical records.The charge was that, between December 1 2008 and June 30 2014, in relation to Cassy, a Labrador retriever belonging to Jayne Bowkett, Mr Horniman:
The Committee heard that Cassy, who had previously been diagnosed with hip dysplasia, had been registered with Pets Barn Veterinary Group in Gloucestershire in May 2008 when Mr Horniman was the Principal and owner of the three-practice group. Cassy was treated at the Cinderford branch of the practice where she received regular prescriptions for her condition.At some point in 2008/2009, Mrs Bowkett had relayed concerns to Mr Horniman that her current pet insurance policy needed to be renewed, that the renewed policy would not cover Cassy's existing hip problems and that she would be unable to pay for any future operations herself. It was alleged that, in response to Mrs Bowkett's concerns, Mr Horniman told her that they could take Cassy off the practice computer and put her back on under a different insurance policy in a different name.Mrs Bowkett took out a policy with Petplan, beginning on 13 August 2009, using her father's details instead of her own. It was alleged that Mr Horniman then arranged for new practice records to be set up in the name 'Cassy Griffiths'. These new records were first used substantively in May 2010 when Cassy returned to the practice with hip problems, following which two separate records were maintained for the dog under 'Cassy Bowkett' and 'Cassy Griffiths'.In August 2010 Dariusz Drozdz MRCVS, a vet who had treated Cassy several times, had been told by Mrs Bowkett that the dog had two separate records. He told the Disciplinary Committee that he queried this with Mr Horniman who suggested that it was a mistake and that they 'RIP' the name Cassy Bowkett. Mr Drozdz disagreed on this course of action but was told by Mr Horniman to 'leave it to me' and the records were then changed to say that Cassy Bowkett had died.Mrs Bowkett alleged that, at some point in 2011, Mr Horniman explained to her that it would no longer be possible to claim for treatment for Cassy's hip dysplasia under the Petplan policy in her father's name. However, the policy remained active, and was transferred into Mrs Bowkett's name upon her father's death.In July 2011 Cassy Griffiths was seen by Jennifer Jones MRCVS, a part-time locum vet at the Cinderford practice, who told the Committee that she was puzzled about why there were very few clinical records relating to the animal. A receptionist explained to her that there were two sets of records for the same dog and that Mr Horniman had instructed her to mark the original pet as having been euthanased and close its records and create a second new record for the dog. Ms Jones tendered her resignation shortly afterwards citing concerns that a pet had been 'reincarnated to ensure continued income from insurance claims'. In November 2011 Ms Jones submitted a formal complaint to the RCVS.During the course of the hearing the Committee heard evidence from Mrs Bowkett, Mr Drozdz and Ms Jones, amongst others.In giving evidence Mrs Bowkett admitted that she had knowingly engaged in fraud but maintained that at all times she had acted with the knowledge and on the advice of Mr Horniman. However, the Committee found that she was unable to remember any relevant material dates and was unclear about the chronology of events. It was suggested on several occasions that she was lying to the Committee, which she denied. However, the Committee believed that she took no responsibility for her own fraudulent actions but merely blamed Mr Horniman and that she had a strong motive to engage in the insurance fraud.In regards to the evidence given by Mr Drozdz the Committee noted that he did not record his suspicions of possible fraud, that he continued to treat Cassy Griffiths after he raised his concerns, and that he appeared to have accepted Mr Horniman's assurance that he had dealt with the issue.The Committee found that Ms Jones was correct in her suspicions that there was only one dog. However, it felt she offered no evidence to support her suspicion that this was part of Mr Horniman's 'scheme to maximise income for the practice' as she alleged in her witness statement.The Committee also heard oral evidence from and on behalf of Mr Horniman who categorically denied suggesting to Mrs Bowkett that she commit insurance fraud and attempting to cover this up through the maintenance of two separate records. He maintained that it was not until Ms Jones voiced her concerns that he realised that Cassy Bowkett and Cassy Griffiths were the same dog.The Committee voiced a number of concerns about Mr Horniman's actions and behaviour and, at times, found his evidence to be unsatisfactory. For example, the Committee found it difficult to understand why 'alarm bells' did not ring that he was dealing with only one dog when he prescribed medication for two almost identical dogs in May 2010 when only one was presented for examination. It also queried why, when he became aware that the insurance policy for Cassy Griffiths was fraudulent, practice records were not updated and no attempt was made to contact Petplan to inform them of this, as is clearly advised by the RCVS Code of Professional Conduct.Furthermore, the Committee was concerned that, in his correspondence with the RCVS, he was less than transparent, candid and honest. The Committee considered this to be unacceptable behaviour from a professional in dealings with investigations undertaken by the regulatory body.In making its judgment, the Committee had to make a decision on whose account it felt to be more reliable in regards to the first element of the charge.Noreen Burrows, chairing the Committee and speaking on its behalf, said: "In coming to its conclusion ... the Committee is faced with conflicting evidence from Mrs Bowkett, who is an admitted fraudster, admits to acting dishonestly and to lying to Petplan. This is in contrast to the evidence from the Respondent, who is of good character, had an unblemished personal record over 23 years and is supported by impressive character references."The Committee found the evidence of Mrs Bowkett to be "vague, lacking in clarity and inconsistent with the facts" and therefore rejected her evidence concerning the first element of the charge. In regards to the second element of the charge, the Committee was not satisfied that Mr Horniman had arranged for or allowed the records to be changed as was alleged. In regards to the third element it found that, since it had already rejected the charge that Mr Horniman suggested to Mrs Bowkett that she embark upon insurance fraud, it was unlikely that Mr Horniman would have acted dishonestly in the manner alleged.Noreen Burrows added: "In the light of the above findings, all charges against the Respondent are dismissed."